Latham's Clean Energy Law Report

Tag Archives: EPA

EPA Will Not Require Financial Assurances From Electric Power Sector

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. By Claudia M. O’Brien and Stacey L. VanBelleghem On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility requirements on the Electric Power Generation, Transmission, and Distribution industry under Section 108(b) of the … Continue Reading

Near-Term Opportunities for Industry to Reduce Compliance Costs, Avoid “Nonattainment” Designation,” in the Face of Tightened Ozone NAAQS

Joel Beauvais, Claudia O’Brien, Stacey VanBelleghem and Bridget Reineking have authored an article entitled Reducing Ozone Regulation Costs Under the New Administration. Over the past four decades, compliance with the ozone National Ambient Air Quality Standards (NAAQS) has proven to be among the most costly of Environmental Protection Agency (EPA) regulations. EPA tightened the primary and … Continue Reading

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) to issue a proposed rulemaking for notice and comment to rescind or revise … Continue Reading

EPA Targets Oil and Gas Sector with Suite of New Emissions Rules

By Robert Wyman, Claudia O’Brien, Michael Carroll, Alicia Handy, Andrew Westgate and Samantha Seikkula On May 12, 2016, the US Environmental Protection Agency (EPA) released its final rules aimed at reducing methane emissions from the oil and gas industry, in support of the Obama Administration’s efforts to cut methane emissions from the oil and gas … Continue Reading

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

By Paul Singarella, Chris Garrett, Andrea Hogan, Daniel Brunton, Garrett Jansma, John Heintz, Danny Aleshire and Lucas Quass On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States … Continue Reading

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

By Andrea Hogan and Joshua Marnitz On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill, first introduced in January 2015 by Senators Rob Portman (R-Ohio) and Claire McCaskill … Continue Reading

CARB Proposes Invalidating Offset Credits for Facility’s Alleged RCRA Noncompliance

By Claudia O’Brien and Bart Kempf For the first time since California established its cap-and-trade market for greenhouse gas (GHG) emissions, the California Air Resources Board (CARB) has proposed canceling over 230,000 tons of offset credits due to a facility’s alleged potential failure to comply with unrelated environmental laws.[1]  CARB is proposing the invalidation even … Continue Reading

Waters of the United States Proposed Rule

By Paul Singarella, Claudia O’Brien and David Amerikaner The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps), formally was published in the Federal … Continue Reading

White House Announces Methane Reduction Strategy

By Joel Mack, Eli Hopson and Ben Lawless On March 28, 2014 the White House announced its Methane Reduction Strategy  (“MRS”) containing the broad outlines of a multi-agency strategy to reduce methane emissions  from four major sources: the oil and gas industry, cattle and dairy farming, coal mining, and  landfills. The MRS is part of … Continue Reading

EPA Finalizes Guidance Documents for Carbon Capture and Sequestration (CCS) Class VI Injection Wells

By Claudia M. O’Brien and Marc T. Campopiano The Environmental Protection Agency recently finalized two guidance documents for Class VI wells used for long-term carbon capture and sequestration (CCS): the Underground Injection Control (UIC) Program Class VI Well Area of Review Evaluation and Corrective Action Guidance and the Underground Injection Control (UIC) Program Class VI Well Site Characterization … Continue Reading

Opposition to the Startup, Shutdown & Malfunction Rule Cites EPA’s Breach of Cooperative Federalism Principles and Private Deal-Making with Sierra Club

By Claudia O’Brien and Karl Karg In the wake of EPA’s proposed rule to force 36 states to revise their state implementation plans (SIPs) to control emissions during periods of startup, shutdown and malfunction (SSM Rule), a number of states filed comments objecting to EPA’s approach as heavy-handed and contrary to the cooperative federalism scheme … Continue Reading

EPA Proposes New Effluent Limitation Guidelines for Power Plants

By Claudia O’Brien, Karl Karg, and Joshua Marnitz On April 19, 2013, the US Environmental Protection Agency (EPA) announced proposed technology-based effluent limitation guidelines and standards for steam electric power generating units. The proposed national standards, which are based on data collected from industry, provide for a phased-in approach and the use of technologies already … Continue Reading

EPA Introduces Interactive Web-Based Geographic Information System

By Taiga Takahashi The U.S. EPA recently opened access to NEPAssist, an online Geographic Information System program that “facilitates the environmental review process and project planning in relation to environmental considerations” under the National Environmental Policy Act (NEPA) and other environmental assessment statutes. The program is available at the EPA website and is open to … Continue Reading

FERC To Consider Reliability Impacts On Bulk-Power System That May Result From EPA Regulations

By Eli Hopson and David Pettit The nation’s coal fleet is getting older and will become subject to a looming suite of regulatory requirements issued by the U.S. Environmental Protection Agency (EPA), such as the Mercury and Air Toxics Standards (a/k/a “Utility Maximum Achievable Control Technology” or Utility MACT) and the Cross-State Air Pollution Rule … Continue Reading