We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
How the Supreme Court’s EPA Ruling Complicates Climate Action and What Companies Can Do
The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems.
As state and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic is the ruling? Will it doom our efforts to address climate change? And what impact will the enactment of the Inflation Reduction Act have on the ruling? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Justin Savage and Simone Jones.
(more…)
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
J. Simone Jones
Washington, D.C.
jsimone.jones@sidley.com
Pipeline and Hazardous Materials Safety Administration Completes Gas “Mega Rule”
On August 24, 2022, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register a final rule entitled Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criterial, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments (Final Rule). (more…)
Emily P. Mallen
U.S. District Court Enjoins Biden Administration’s Nationwide Oil and Gas Leasing “Pause” Following Fifth Circuit’s Remand
On August 18, 2022, the federal district court for the Western District of Louisiana (the District Court) enjoined the nationwide pause of oil and gas leasing by the Biden administration (the Government). The District Court issued a permanent injunction just one day after the U.S. Court of Appeals for the Fifth Circuit (the Fifth Circuit) vacated and remanded the District Court’s order by which the District Court had previously issued a preliminary injunction enjoining the pause.
(more…)
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Emily P. Mallen
Jagdeep Singh
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. EPA Proposes New Risk Management Program Standards for Stationary Sources
On August 19, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to revise Risk Management Program (RMP) standards for stationary sources using certain regulated substances under the Clean Air Act (CAA). EPA’s proposal marks the latest reconsideration of a rule issued under the prior administration, as directed by Executive Order 13990. The proposed changes include more stringent requirements for accident prevention, emergency preparedness, and public availability of information as well as regulatory clarifications, with climate change and environmental justice featured prominently as a basis for many proposed changes. Interested parties will have 60 days to comment on the proposed rule following publication in the Federal Register.
(more…)
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Fifth Circuit Vacates and Remands Injunction on Nationwide Oil and Gas Lease Pause
On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit (the Court) vacated and remanded an order by the federal district court for the Western District of Louisiana (the District Court) of a nationwide preliminary injunction enjoining the Biden administration (the Government) from pausing oil and gas lease sales. The Court found that the District Court’s decision lacked specificity.
(more…)
Katy L. Lukaszewski
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Emily P. Mallen
Jagdeep Singh
Best Practices For Auto Boards During Industry Revolution
The Nikola case stands at the intersection of several emerging risk areas in the automotive industry. For example, as regulators in the U.S. and European Union continue to ratchet up the pressure on climate change goals, and environmental, social and corporate governance, boards need to be extra careful about their companies’ commitments to going carbon neutral and the efficacy of electric vehicles.
That means putting clear plans and metrics in place to ensure appropriate follow-through and effective communications with investors so that they are well-informed about the caveats, risks and limitations.
(more…)
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Ike Adams
Washington, D.C.
iadams@sidley.com
EPA Conducts Flyovers in New Mexico and Texas
On August 1, 2022, the U.S. Environmental Protection Agency (EPA) announced that it is conducting helicopter flyovers of the Permian Basin region in New Mexico and Texas. EPA asserted that the purpose of the flyovers was to “survey oil and gas operations to identify large emitters” of methane and volatile organic compounds. This follows recent flyovers conducted in other regions for the same purpose.
(more…)
Hannah Posen
Chicago
hposen@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
New York State Launches First-of-its-Kind Statewide Mobile Air Monitoring Program
As previously reported, the second quarter of 2022 ushered in a bevy of federal action by the White House, U.S. Environmental Protection Agency, U.S. Department of Justice, and U.S. Department of Heath and Human Services to address environmental justice through numerous agency functions.
(more…)
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Archives
Categories
Upcoming Events
Sidley Partner Justin Savage to Co-Chair the 2025 Summit on EV Battery Supply Chain and Compliance
Sidley partner and Environmental practice co-leader Justin Savage will serve as co-chair for the upcoming Battery Supply Chain and Compliance Summit hosted by the American Conference Institute (ACI) on March 20, 2025 in Chicago, IL.
(more…)Resources
Meet The Team
Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
keturah.brown@sidley.com
Grace Dickson Gerbas
gdicksongerbas@sidley.com
Terence T. Healey
thealey@sidley.com
Kenneth W. Irvin
kirvin@sidley.com
Christopher J. Polito
cpolito@sidley.com
Casey Khan
ckhan@sidley.com
Michael L. Lisak
mlisak@sidley.com
Brittany A. Bolen
bbolen@sidley.com
Brooklyn Hildebrandt
bhildebrandt@sidley.com
Nicole E. Noëlliste
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
jraffetto@sidley.com