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CSB Releases Guidance on Accidental Release Reporting
On August 30, 2022, the U.S. Chemical Safety and Hazard Investigation Board (“CSB” or the “Agency”) issued a guidance document aimed at helping owners and operators of stationary sources and similar stakeholders understand and comply with CSB’s Accidental Release and...
EPA Proposes Changes to Risk Management Plan Rules
On August 19, the U.S. Environmental Protection Agency (EPA) posted the pre-Federal Register publication of its latest effort to revise the Risk Management Plan (RMP) rule – this time titled the “Safer Communities by Chemical Accident Prevention” or SCCAP rule...
The Major Questions Doctrine and Agency Rulemaking
In West Virginia v. EPA , the US Supreme Court struck down an Obama-era regulation known as the Clean Power Plan, which sought to mandate the construction of wind and solar plants by limiting the amount of electricity that could...
After West Virginia, What’s Next at EPA?
The Biden Administration has said that the Supreme Court’s recent decision in West Virginia v. EPA will not keep them from taking aggressive "executive actions" to address climate change. Outside groups (including most recently a group of state attorneys general)...
Understanding West Virginia v. EPA, Part 2: The Impact
In the second of a two part conversation about West Virginia v. EPA , Bracewell Environmental Law Monitor host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the implications of the decision for federal agencies, the...
Understanding West Virginia v. EPA, Pt. 1: The Opinions
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the Supreme Court’s recent decision in West Virginia versus EPA and its implications for both environmental law and...
Offshore Wind Litigation with Daniel Pope, Ty Johnson and Taylor Stuart
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Tyler Johnson and Taylor Stuart about offshore wind litigation over the energy transition, and more specifically over litigation regarding some of the challenges to new projects...
Environmental Essentials: Texas Air Permitting Round-Up
Bracewell Partner Whit Swift reviews the recent activity on three separate air permitting topics and how each development could impact members of the regulated community: EPA Orders objecting to Texas Title V permits; the TCEQ Commissioners’ evaluation of requests for...
SEC Brings First Major ESG Enforcement Action
More than a year after creating its Climate and ESG Task Force in March 2021 , the Securities and Exchange Commission’s ESG-related enforcement goals are finally being realized. The SEC recently brought a fraud action against Vale S.A., a publicly...
Environmental Enforcement, Suspension and Debarment With Robert Wagman, Jason Hutt and Kevin Collins
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Kevin Collins, Jason Hutt and Robert Wagman about current trends and environmental and federal enforcement. Kevin Collins is a partner in our Austin office. He is...
Litigation and Enforcement Impact of the SEC's Proposed Rules on Climate-Related Disclosure
The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching effects not only on all public companies but also on those...
Corporate Governance Considerations Under the SEC's Proposed Climate Disclosure Rules
As we have noted previously , the U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company disclosure regime. We focus here on the corporate-governance aspects...
Hurdles Ahead for the SEC's New Climate Disclosure Proposal
On March 21, 2022, the Securities and Exchange Commission (SEC) released its much-anticipated proposed rule on climate-related disclosure and accounting, “Enhancement and Standardization of Climate-Related Disclosures for Investors.” The scope and obligations of the 140-page proposal are gradually becoming clearer—and...
Attestation: Practical Reflections on What the SEC Climate Proposal Will Require
Among the many changes set forth in the U.S. Securities and Exchange Commission’s proposed rules governing climate-related disclosures are the attestation requirements 1 covering registrants’ greenhouse gas (GHG) emissions disclosures. This article provides a general overview of these attestation requirements...
Going Green in the Brownfields: Michael Borkowski and the Community Power Group
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jason Hutt , and Mike Borkowski about the development of renewable energy resources on properties that may have historical environmental liabilities. Jason Hutt is a partner...