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Represent BP in the Penalty Phase of the Deepwater Horizon litigation, including at trial.
Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
Advise client regarding NPDES permit treatment limits and the process for setting such limits where multiple pollutants and treatment technologies are at issue.
Represent Puerto Rico Aqueduct and Sewer Authority in parallel civil and criminal enforcement proceedings for alleged Clean Water Act violations.
Advise wind power developer on EPA authority to veto Clean Water Act section 404 dredge and fill permits.
July 30, 2015, Inside Energy & Environment
In August, EPA is expected to finalize and to modify its ambitious Clean Power Plan to reduce greenhouse gas emissions from existing power plants. Here is a Watch List of key areas for possible changes and clarification that EPA might make, after considering voluminous public comments on the Proposed Regulations, which were issued in June … Continue Reading
July 6, 2015, Inside Energy & Environment
Two of the Supreme Court’s major, end-of-term decisions turn on the deference the Court gives to agency determinations of the meaning of ambiguous clauses in complex regulatory statutes, applying the familiar Chevron framework. The Court’s less deferential applications of Chevron raise important questions about the deference courts might be expected to give to ...
June 10, 2015, Inside Energy & Environment
EPA has scheduled a stakeholder meeting in Washington, D.C. on June 11 to discuss its proposed nanoscale materials rule under the Toxic Substances Control Act (TSCA). The proposed rule would require manufacturers of nanoscale materials to provide EPA certain information, including health and safety-related information, regarding their nanoscale materials. ...
Today, the United States Court of Appeals for the District of Columbia Circuit refused to review challenges of EPA’s authority to adopt comprehensive regulations of carbon emissions from exiting power plants. A coal company, joined by 12 States, had asked the Court of Appeals to prohibit EPA from finalizing its Clean Power Plan on multiple … Continue Reading
June 5, 2015, Inside Energy & Environment
On May 21, 2015, the Office of Management and Budget (OMB) released the Obama Administration’s Spring Unified Agenda, providing greater details about the President’s strategy to rely on executive actions for carrying out his energy and environmental initiatives. The agenda’s release—specifying the upcoming actions that the Administration will be taking by ...
May 20, 2015, Inside Energy & Environment
Earlier this year, FERC held four technical conferences to discuss the implications of state, regional and/or federal plans for compliance with EPA’s proposed Clean Power Plan (CPP) rule to set carbon emission limits for existing electricity generating units. A major issue raised was the impact of the CPP on electric grid reliability as coal-fired generators … ...
March 24, 2015, Inside Energy & Environment
As the partisan debate about the Environmental Protection Agency’s (EPA’s) Clean Power Plan continues, Chairman of the House Committee on Natural Resources Rob Bishop (R-Utah) recently suggested that the agency’s forthcoming carbon emission rules could significantly harm the West Indian Manatee, a mammal that has been listed as endangered under the Endangered ...
August 15, 2014, Inside Energy & Environment
In a move designed to provide greater certainty to those purchasing, selling, or evaluating industrial or commercial properties, the Environmental Protection Agency (EPA) recently proposed to remove any lingering effect of ASTM International’s E1527-05, a nine-year-old industry standard practice for evaluating potentially contaminated sites under the ...
April 24, 2014, Inside Energy & Environment
On April 22, EPA issued a direct final rule to revise the 2013 cellulosic biofuel renewable fuel standard (“RFS”) that it had originally issued on August 15, 2013. The new rule reduces the cellulosic biofuel RFS to 0.0005%, which reflects the number of cellulosic biofuel renewable identifications numbers (“RINs”) that were actually produced and available … ...
April 17, 2014, Inside Energy & Environment
In accord with the President’s June 2013 Climate Action Plan, EPA plans to use existing Clean Air Act authority to develop greenhouse gas emissions (GHG) standards for new and existing sources. The scope of EPA’s authority under existing law is important given the lack of Congressional action to specifically address GHGs. The Environmental Council of … Continue ...