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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
EPA Poses Questions to New St. Croix Refinery Owners to Make Prevention of Significant Deterioration Permit Determination
On March 22, 2022, the U.S. Environmental Protection Agency (EPA) sent a letter to the West Indies Petroleum Limited and Port Hamilton Refining and Transportation LLLP, the new owners of the St. Croix refinery (Refinery). The letter addresses permitting requirements for the Refinery under the Clean Air Act’s Prevention of Significant Deterioration (PSD) regulations — and offers insight into the agency’s current practice for evaluating PSD requirements when a source seeks to restart a permitted facility. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jagdeep Singh
FERC Rolls Back its Recently Enacted Policy Statements on the Certification of New Natural Gas Infrastructure
The Federal Energy Regulatory Commission (FERC) announced on March 24, 2022, that it will delay enacting any changes to its existing policies on the authorization or certification of interstate natural gas pipeline infrastructure under Sections 3 and 7 of the Natural Gas Act. Two policy statements FERC issued on February 18, 2022, in Docket No. PL18-1 and Docket No. PL21-3 (collectively, the 2022 Certificate Policy Statements) have now been deemed “drafts” that are subject to further comment. Initial comments will be due on April 25, 2022, with reply comments due on May 25, 2022. One of the two policy statements, which had been deemed “interim” but given immediate legal effect on February 18 prior to being relabeled a “draft” on March 24, had an initial comment date of April 4, 2022, which has now been extended to the aforementioned dates. Sidley provided a detailed summary of the changes implemented in the 2022 Certificate Policy Statements in a prior client alert and Energy Brief. (more…)
Emily P. Mallen
Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
Jimmie Zhang
SEC Proposes Far-Reaching Rules for “Enhancement and Standardization” of Climate-Related Disclosures
On March 21, 2022, the SEC issued proposed rules that would require public companies to include extensive climate-related information in their registration statements and periodic reports. The proposed rules would require disclosure concerning climate-related risks and impacts, oversight and governance of climate-related risks, climate-related financial statement metrics, climate-related goals, and greenhouse gas emissions. (more…)
Heather M. Palmer
Houston
hpalmer@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Evan Grosch
Houston
egrosch@sidley.com
U.S. Fish and Wildlife Propose to List Northern Long-Eared Bat as Endangered Species
On Tuesday, the U.S. Fish and Wildlife Service (Service) proposed to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in 38 U.S. states or territories, as an endangered species pursuant to the Endangered Species Act (Act). The Service’s proposed reclassification is a direct response to a federal judge’s court order requiring the Service to revisit its previous listing decision and account for the impact of white nose syndrome (WNS), a disease-causing fungal infection that ultimately results in mortality. The heightened listing for the species is very likely to affect ongoing and future development over a large geographic region, given the species’ range outside of areas affected by WNS. (more…)
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements
On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. (more…)
Allison H. In
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Proposes to Adopt New American Society for Testing and Materials Standard, Including PFAS, for CERCLA Phase I All Appropriate Inquiry
On March 14, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed and direct final rule, which adopts the E1527-21 standard issued by the American Society for Testing and Materials (ASTM), for All Appropriate Inquiries (AAI) required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (more…)
Allison H. In
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
What Lies Ahead for Carbon Capture – Environmental and Subsurface Perspectives for CCUS
Carbon capture, utilization, and sequestration (CCUS) projects are gaining momentum as an important pathway to achieving both private- and public-sector climate targets. This trend is expected to accelerate with recently authorized federal funding and administration announcements. At the same time, the value proposition for CCUS may be subject to change based on government policy priorities, permitting processes, and potential permanence challenges, among other factors. So what lies ahead for carbon capture? (more…)
Heather M. Palmer
Houston
hpalmer@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Announces New Actions Affecting Emissions From Mobile Sources
Last week, the U.S. Environmental Protection Agency (EPA) took two actions related to mobile source emissions under the Clean Air Act that represent the agency’s continued focus on transportation, climate change, and environmental justice.
On March 7, 2022, EPA announced newly proposed emission standards for heavy-duty vehicles and engines, which would apply starting in model year 2027. The proposed standards would reduce allowed emissions of nitrogen oxides from heavy-duty gasoline and diesel engines and set more stringent greenhouse gas standards for certain commercial vehicle categories. Beyond numerical reductions in emissions, the rule also indicates EPA’s broader shift in focus to environmental justice. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Marshall R. Morales
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Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
keturah.brown@sidley.com
Grace Dickson Gerbas
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Terence T. Healey
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Kenneth W. Irvin
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Casey Khan
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Michael L. Lisak
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Brittany A. Bolen
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Brooklyn Hildebrandt
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Nicole E. Noëlliste
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Hannah Posen
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Jack Raffetto
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