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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...
The Shifting Energy Policy Zeitgeist and Investment Implications
On March 24, the Federal Energy Regulatory Commission (FERC) made an unexpected and bipartisan about-face on its freshly updated policies for considering the environmental impacts of natural gas infrastructure projects like pipelines and liquefied natural gas (LNG) export facilities. 1...
The SEC's Proposed Rules on Climate-Related Disclosures – What to Do Now: A Guide for In-House Counsel Facing the Proposed Rules
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. The rules would require that public companies include the following, among other disclosures...
Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review of Nationwide Permit (“NWP”)...
The Future of NEPA
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Chad Whiteman, Andrew Varcoe and Ann Navaro about current rule-making from the Council on Environmental Quality, the agency that oversees the implementation of the National Environmental...
Nothing is More Expensive Than a Missed Opportunity: A Unique New Moment for Hazardous Waste Generators in Texas
Texas hazardous waste law just notably improved—at least for facilities that take advantage of some recent rules. The Texas Commission on Environmental Quality (“TCEQ”) recently approved a rules package effective on February 3, 2022 that adopts the U.S. Environmental Protection...
Federal Natural Resource Management, Permitting, and Species Protection – Expectations for 2022
In 2022 the Administration will continue its efforts to pivot to renewable energy and embed climate considerations in every aspect of federal decision-making. We can anticipate a major rulemaking implementing the Department of the Interior’s new authority to allow permanent...
General Counsel Perspectives on ESG
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by Will Marsh , Travis Counts and Tim Wilkins to discuss how general counsel and in-house counsel are addressing developments in the world of environmental, social...
2022 Preview – Politics and Policymaking
On this episode of the Environmental Law Monitor, host Daniel Pope is joined by Ann Navaro and Christine Wyman to discuss what Bracewell’s Policy Resolution Group (PRG) is observing in terms of politics and policy-making, such as the infrastructure bill...
USACE Changes Course on CWA Approved Jurisdictional Determinations
On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs to make final determinations regarding the...
The Air Up There: SCOTUS Grants Cert in West Virginia v. EPA
On this episode of the Environmental Law Monitor, host Daniel Pope is joined by Brittany Pemberton to discuss developments related to remissions reductions under the Clean Air Act. Brittany is an associate in our DC office. She advises energy, oil...
Bankruptcy and Environmental Law: Overview and Latest Trends
Bracewell Partners, Mark Dendinger (Bankruptcy) and Jason Hutt (Environment, Lands and Resources) will address the intersection of bankruptcy and environmental law – two legal regimes that take very different approaches to liabilities. Mark and Jason will then address key environmental...
Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15, 2021, amends the Outer Continental Shelf Lands...
EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United States"
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water Act (CWA). Public...
EPA Announces Forthcoming Regulations to Curb Methane Emissions from Oil and Gas Sources
On November 2, 2021, the EPA announced a proposed rule aimed at reducing methane emissions from oil and gas sources. 1 The proposed rule is part of the Biden Administration’s U.S. Methane Emissions Reduction Action Plan, which was simultaneously unveiled...