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Community Engagement With Jackie Medcalf
“Community engagement” is a frequently used but rarely defined term. What does community engagement mean, and, more importantly, how do you do it well? In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jackie Medcalf...
Determining Corporate Liability in the Context of Environmental Risk: Making Sense of United States v. Bestfoods
When is a corporate parent potentially liable for the actions or omissions of its subsidiary related to the release of hazardous substances? Hint: If a party is in a position to control the environmental risk, it could be held liable...
Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast...
Environmental Essentials: Shutdown Averted for Now: What Happens When SSM Hits EPA
As the threat of a potential government shutdown looms, it is important to understand the impacts on EPA’s permitting, rulemaking, enforcement and litigation. Pulling from his experience at EPA during the most recent and longest government shutdown in December 2018...
The Role of Tax Incentives in Driving Carbon Capture and Environmental Compliance
Featured Guests Name: Elizabeth McGinley About: Elizabeth McGinley, chair of Bracewell's tax department, regularly advises clients on acquisitions, dispositions, restructurings, joint ventures and debt and equity investments in the upstream and midstream oil and gas and conventional and renewable power...
Congressional Review Act: Mechanics of a Regulatory Wrecking Ball
The Congressional Review Act (CRA) is a legislative tool that Congress can use to undue regulations finalized by Executive Branch agencies. In particular, and in specific circumstances, the CRA is most powerful when utilized if there is a change in...
BOEM Releases Proposed Rule on Supplemental Financial Assurance for OCS Lease and Grant Obligations
On June 29, 2023, the Department of Interior’s Bureau of Ocean Energy Management (BOEM) published a proposed rule that, if adopted, would substantially revise the financial assurance requirements applicable to offshore oil and gas operations. [1] The proposed rule is...
Endangered Species Act Developments: Court Finds Species Do Not Get The “Benefit Of The Doubt” & Agencies Propose Compensatory Mitigation Under ESA Section 7
Two recent developments may have meaningful impacts on the implementation of Section 7 of the Endangered Species Act (ESA). First, the DC Circuit Court of Appeals issued an opinion in Maine Lobstermen’s Association v. National Marine Fisheries Service and held...
Environmental Essentials Webinar Series – Sackett II/WOTUS IX: Implementation of the Supreme Court’s Interpretation of “Waters of the US” Under the Clean Water Act
Bracewell’s Ann Navaro , Sara Burgin and Daniel Pope discussed the implications of the US Supreme Court’s recent decision in Sackett v. EPA for the reach of the Clean Water Act at the federal level and in the states. They...
Congress Amends NEPA in Effort to Reform Federal Permitting
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act. The law increased the debt ceiling and, among other things, amended the National Environmental Policy Act (NEPA). NEPA is a bedrock environmental law that has not seen...
Offshore Wind Litigation: Court Declines to Halt Vineyard Wind Construction
A federal court has denied a request by members of the fishing industry to pause offshore construction of the Vineyard Wind Project (Project), the first modern utility-scale offshore wind project in the United States to receive all permits and approvals...
Offshore Wind Litigation: Court Denies Challenge to Major Offshore Wind Project
The federal government has successfully defended its approvals of the Vineyard Wind project offshore Massachusetts (Project), setting the stage for further decisions as other challenges proceed. Vineyard Wind is the first modern utility-scale offshore wind project to reach the construction...
EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents
On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well primary enforcement responsibility (primacy) for Class...
Environmental Essentials: Updates on Waters of the United States
Ann Navaro , Sara Burgin , and Daniel Pope discussed the latest developments regarding litigation over regulations defining the jurisdiction of the Clean Water Act. Ann, Sara, and Daniel shared insights from recent court decisions and pending litigation over the...
Environmental Essentials: East Palestine, Ohio — Reflections From Afar
Steven Cook discussed the recent incident in East Palestine, Ohio and the ongoing cleanup and community response efforts as a guide to analyze a series of decision points and highlight considerations in-house counsel and incident response professionals should consider as...