Topics discussed this week include

Fifth Circuit allows possibility of injunctive relief for time-barred NSR claims.
Supreme Court denies cert. for two environmental cases.
Environmental groups challenge Oklahoma coal ash permitting scheme.
FERC-approved pipelines stopped as Commission nominee gets hearing.
PHMSA rescinds electronic braking rule for crude oil trains.

Environmental Trends

Sidley Environmental Trends

Sep 24 2018

Environmental Trends Contributors

Topics discussed this week include

EPA proposes rescinding Obama-era leak repair provisions for appliances using substitute refrigerants.
BLM releases revised 2016 Methane and Waste Prevention Rule.
EPA denies petitions by Delaware and Connecticut on cross-state emissions.
D.C. Circuit upholds decision to vacate 2008 ozone NAAQS implementation rule.

General

Energy Enforcement Update

Sep 17 2018

Kenneth Irvin, Terence Healey, Christopher Polito and Sharon Rose

This week’s enforcement update covers:

Commodity Trading Adviser (CTA) violation settled with CFTC;
CFTC and Kraft file motions for summary judgment;
CFTC files 12 enforcement actions addressing registration, position limits, recordkeeping, supervision and reporting;
Seventh Circuit upholds Illinois zero emissions credits for nuclear facilities;
Judge denies class action lawsuit alleging antitrust violations in New England gas market;
CFTC Staff issues report on impact of U.S. tight oil on NYMEX WTI futures contract;
CFTC orders BNP Paribas to pay $90 million penalty for attempted manipulation and false reporting of U.S. Dollar ISDAFIX benchmark swap rates; and
FERC issues notice of intent to revoke MBR authority to five entities for failure to file EQRs.

CFTC, CTA, FERC, Nuclear, SEC, ZEC

Sidley Environmental Trends

Sep 12 2018

Environmental Trends Contributors

Topics discussed this week include:

Petitioners ask Supreme Court to weigh in on whether Clean Water Act regulates discharges through groundwater to waters of the United States
EPA OECA issues guidance document on National Compliance Initiatives
DOI seeks comment on its NRD regulations
Eight states sue DOI, its Principal Deputy Solicitor, and FWS over MBTA guidance

Environmental Trends

Sidley Environmental Trends

Aug 27 2018

Environmental Trends Contributors

Topics discussed this week include:

EPA proposes Clean Power Plan replacement rule
Court issues nationwide injunction enjoining EPA delay of effective date of Obama administration’s “Waters of the United States” Rule effectively reinstating the Rule in 26 states
D.C. Circuit invalidates EPA’s delay of Obama administration Risk Management Plan Rule
Montana judge orders State Department to supplement environmental analysis for Keystone XL Pipeline

General

U.S. EPA and DOJ Bring Criminal Prosecution for Tampering with On-Board Diagnostic Systems on Vehicles

Aug 24 2018

Richard Alonso and Justin Savage

Earlier this summer, the Department of Justice (DOJ) and Environmental Protection Agency’s (EPA) criminal office announced criminal charges against employees of an oil and gas operation for tampering with and disabling pollution controls and on-board diagnostic (OBD) systems on the company’s truck fleet. DOJ and EPA charged five employees of Rockwater Northeast LLC, a company that services the hydraulic fracturing industry, for modifying emission control and OBD systems on approximately 30 of the company’s heavy-duty diesel trucks.

DOJ, Enforcement, EPA

Sidley Environmental Trends

Aug 13 2018

Environmental Trends Contributors

Topics discussed this week include:

Manufacturer held liable for asbestos-related injury stemming from replacement parts it did not make.
Novel watershed permit issued for Cape Cod towns.
CERCLA claims constitutionally barred against state government entities.
EPA to revisit Wood Heater New Source Performance Standards.
BLM must consider downstream greenhouse gas releases under NEPA.

General

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Sidley Environmental Trends

Sidley Environmental Trends

Energy Enforcement Update

Sidley Environmental Trends

Sidley Environmental Trends

U.S. EPA and DOJ Bring Criminal Prosecution for Tampering with On-Board Diagnostic Systems on Vehicles

Sidley Environmental Trends

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