Inflation Reduction Act
The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel
The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing public-company disclosure regime. The rules require that public companies include...
PFAS Regulatory Developments: Cleanup, Disposal, Testing and Reporting Issues
The so-called “forever chemicals” have been very much in the news with frequent reports about landmark litigation and ongoing legislative debates. Just beneath the surface, however, there have been a number of very significant regulatory developments out of EPA and...
Round Three: EPA’s Latest Changes to the RMP Program – Initial Insights on Next Steps
On March 1, 2024, EPA released the pre-publication final rule that makes a number of changes to the federal Risk Management Plan (RMP) program. The changes impact the scope of the Process Hazard Analysis (PHA), add third-party compliance audits and...
Edwards Aquifer Blindcats: A Potentially Endangered Species With Amanda Glen and Ann Navaro
The Edwards Aquifer is the primary source of drinking water for many people in central Texas. The deep caverns of the aquifer are also home to two species of blind catfish. On this episode of the Bracewell Environmental Law Monitor...
A Strategic Approach to Emissions Credits With Anew’s Kyle Breeze
Go generate emissions credits. It’s worth it. On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope and environment, lands and resources partner Whit Swift talk with Kyle Breeze , vice president of Gulf Coast Emissions at Anew...
U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act (NHPA) for purposes of USACE’s Regulatory Program...
Key Developments in Environmental Law and Policy in 2023, and What's Ahead in 2024
On this episode of the Bracewell Environmental Law Monitor, we look back at the significant developments in environmental and natural resources law and policy in 2023, as well as look ahead to what's to come in 2024. Co-hosts Daniel Pope...
Demystifying The Good Neighbor Rule: Summary and Litigation Update
It can be difficult to keep track and make sense of all the activity under the EPA’s Clean Air Act programs and regulations. In this episode of the Bracewell Environmental Law Monitor, co-hosts Daniel Pope and Taylor Stuart talk with...
Chevron Overboard? Loper Bright Enterprises v. Raimondo With Prof. Kristin Hickman
Since the 1980s, Chevron deference has set the standard for when courts should defer to reasonable agency interpretations of ambiguous statutes. That may all change, however, as the US Supreme Court will reconsider the Chevron deference in Loper Bright Enterprises...
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...
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...