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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
U.S. FERC Issues Two Orders Clarifying the Scope of its Natural Gas Act Jurisdiction
On September 22, 2022, the U.S. Federal Energy Regulatory Commission’s (FERC) denied two separate complaints against natural gas pipelines located entirely within one state that turned on whether FERC had jurisdiction over the facilities under the Natural Gas Act (NGA). (more…)
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Emily P. Mallen
United States Ratifies the Montreal Protocol’s Kigali Amendment Six Years After Amendment’s Introduction
On September 21, 2022, the U.S. Senate voted to ratify the Kigali Amendment, an amendment to the Montreal Protocol that addresses hydrofluorocarbons (HFCs), six years after the Kigali Amendment was officially adopted at the 28th Meeting of the Parties to the Montreal Protocol on October 15, 2016, in Kigali, Rwanda. While the Montreal Protocol originally sought only to phase out the consumption and production of ozone-depleting substances chlorofluorocarbons and hydrochlorofluorocarbons, the Kigali Amendment established plans to reduce the production and consumption of HFCs — greenhouse gases with high global warming potential — by more than 80% over the next few decades. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
U.S. FERC Announces Scoping Period for Liquid Natural Gas Export Terminal’s Proposed Carbon Capture and Sequestration Systems
On September 9, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Carbon Capture and Sequestration System Amendment, and Notice of Public Scoping Sessions (Notice) requesting public comment on the environmental effects of a proposed carbon capture and sequestration (CCS) systems addition to the Rio Grande Liquid Natural Gas (LNG) Terminal (Terminal). This marks the first time FERC has requested public comment on the potential environmental effects, environmental mitigation measures, and reasonable alternatives related to CCS technology as part of National Environmental Policy Act review for an LNG terminal facility.
(more…)
Emily P. Mallen
Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
U.S. EPA Takes Additional Steps to Evaluate and Restrict PFAS in Pesticides
On September 13, the U.S. Environmental Protection Agency (EPA) published a notice proposing to remove 12 per- and polyfluoroalkyl substances (PFAS) from its list of inert ingredients approved for use in regulated pesticide products. The 12 PFAS are listed below. According to EPA’s review, none of the 12 PFAS are being used as inert ingredients in any registered pesticide products; however, removing chemicals from EPA’s list of approved inert ingredients ensures that any future proposed use of these PFAS as inert ingredients would require substantiation with data (including, among other things, studies evaluating potential carcinogenicity, genotoxicity, adverse reproductive effects) and approval by EPA.
(more…)
Joseph T. Zaleski
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
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
EPA Releases Draft Environmental Justice Plan
On January 5, 2022, the U.S. Environmental Protection Agency (EPA) released a draft Environmental Justice Action Plan. The Action Plan outlines measures that have been or will be implemented by EPA’s Office of Land and Emergency Management (OLEM) to address environmental justice (EJ) concerns in OLEM programs, including Superfund, emergency response, and risk management. (more…)
Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Rescinds Trump-Era Civil Inspection Rule
On Thursday, December 30, 2021, the U.S. Environmental Protection Agency (EPA) issued a final rule rescinding a Trump-era rule that changed EPA procedures for on-site inspections. The Trump-era inspection rule converted EPA civil inspection practices into rules that must be applied in all civil inspections. The December 30 recission “restor[es] the flexibility needed when carrying out civil inspections under a myriad of circumstances” by allowing inspectors to respond to site-specific conditions on a case-by-case basis. (more…)
Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
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Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
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Grace Dickson Gerbas
gdicksongerbas@sidley.com
Terence T. Healey
thealey@sidley.com
Kenneth W. Irvin
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Christopher J. Polito
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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
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
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