Methane Emissions: White House Holds Methane Summit
On Wednesday, July 26, 2023, the White House released a fact sheet describing the White House Methane Summit, which was held that day. The Summit focused on strategies to reduce methane emissions and with a focus on methane leaks from the oil and gas industry. The fact sheet
Agricultural Law Weekly Review—August 7, 2023
Agricultural Labor: Department of Labor Announces Heat Hazard Alert
On Thursday, July 27, 2023, the U.S. Department of Labor (DOL) announced that its Occupational Safety and Health Administration (OSHA) issued a heat hazard alert. According to a White House fact sheet, the hazard alert is the first of its kind and was issued
Two China Based Companies Banned as a Result of Forced Labor
Standing up against cruel and inhumane labor practices
UK Announces Sustainability Disclosure Standards Based on the ISSB
The UK standards will aim to increase the comparability and value of reported information for investors.
By Paul A. Davies, Michael D. Green, and James Bee
The UK government announced on 2 August 2023 that it will develop standards for company sustainability disclosures in the UK by July 2024, leveraging the work of the internationally recognised International Sustainability Standards Board (ISSB). The UK Sustainability Disclosure Standards (SDS) will set out disclosure requirements for companies in the UK in relation to their sustainability-related risks and opportunities, including those risks and opportunities arising from climate change.
How Much Are We Willing to Pay to Save the Oregon Spotted Frog?
Greenwire (subscription required) reported this week that the Fish & Wildlife Service Recovery Plan for the Oregon spotted frog estimates that the cost to achieve recovery of the frog will be roughly $2.7 billion over 40 years. This post isn’t about the Oregon spotted frog or even about the Endangered Species Act as a whole.
Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule
Introduction
On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden Administration’s revisions to the regulations that implement the National Environmental Policy Act (“NEPA”).
NEPA imposes a procedural requirement that does not mandate outcomes, only informed decision making. Despite its procedural nature, NEPA is one of the primary mechanisms for project opponents to challenge projects and is the most litigated federal statute. CEQ describes the changes in the Proposed Rule as promoting efficient and effective environmental review while increasing regulatory certainty. Given the history of NEPA litigation, and the significant changes in the Proposed Rule, it is likely that these changes will open new pathways for litigation and require courts to interpret the changes before providing regulatory certainty.
Background Leading to the Proposed Rule
Prior to 2020, the regulations implementing NEPA, 40 C.F.R. §§ 1500-1508, had not been meaningfully updated since 1978. In 2020, CEQ finalized significant changes to the regulations, which were designed to speed up project review and limit agency discretion in considering impacts beyond the immediately proposed project. In 2021 CEQ started a phased process to revise the NEPA regulations. In April 2022, CEQ issued its Phase I Rule, 87 Fed. Reg. 23,453 (April 20, 2022), which restored the 1978 regulations’ provisions on the purpose and need statement, defined “effects of the action,” and restored agency discretion to adopt procedures beyond those contained in the CEQ regulations.
Boston Bans Fossil Fuels in New and Renovated City Buildings
On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a small percentage of overall carbon emissions in Boston, the new executive order aligns with larger efforts to decarbonize both publicly and privately owned
Webinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets
Greenberg Traurig’s Energy Project Finance & Development Practice is pleased to present the recording of the webinar, “Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets.” For more details on the program, view our earlier blog post.
Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.
Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to impose narrative prohibitions related to compliance with water quality criteria. Here is the primary section subject to challenge:
Discharge
Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal projects. The proposed rules follow amendments to NEPA itself that were enacted in June 2023 through the Fiscal Responsibility Act of 2023, which
