Oil and Gas Regulation: Well Plugging Bill Becomes Law in Pennsylvania
On July 19, 2022, Pennsylvania bill, HB 2644, which establishes and allocates funds to an Orphan Well Plugging Grant Program (“Program”) became law, effective immediately. Funding for the Program will be used to receive and approve applications, provide civil liability for well pluggers,
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Agency Watchdog: USEPA Should Focus More Attention on Voluntary Disclosures
By Jeryl L. Olson and Patrick D. Joyce
Seyfarth Synopsis: The U.S. Environmental Protection Agency Office of Inspector General (OIG) determined that USEPA has not been giving proper attention to voluntary disclosures, and recommended that the Agency update the way it screens and follows up on voluntary disclosures.
In a report dated June 30, 2022…
The Battle Over PFAS Continues to Heat Up. The Assessment of Costs and Benefits Remains Undone.
Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per quadrillion range. 
At the same time, EPA issued a final health advisory for GenX compounds, setting…
Chemours Appeals EPA’s GenX Health Advisory Level
On July 13, 2022, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, alleging that the HAL is based on a “deeply flawed, scientifically…
California Supreme Court Denies Depublication Requests In Livermore CEQA Case Addressing “No Project” Alternative
On July 13, 2022, the California Supreme Court denied numerous depublication requests with respect to, and declined to review on its own motion, the First District Court of Appeal’s decision in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, S. Ct. Case No. S274754; Ct. App. Case No. A161573. My May…
USPTO Rolls Out the Climate Change Mitigation Pilot Program in Response to Executive Order 14008 on Climate Change
The Biden Administration’s attempt to tackle the climate crisis has made its way to the United States Patent and Trademark Office (USPTO). Executive Order 14008, dated January 27, 2021, stated “domestic action [on climate change] must go hand in hand with United States international leadership, aimed at significantly enhancing global action,” and called on government…
Ending Single-gender Boards in Hong Kong Companies
In our blog post here, we discussed the amendments to the Stock Exchange of Hong Kong Limited’s (SEHK) Corporate Governance Code and Listing Rules, which prohibit single-gender boards among listed companies and IPO applicants in Hong Kong, effective from January 1, 2022. Existing issuers with single-gender boards will have a three-year transition period to…
New Greenwashing Case is Troubling to Future of ESG
EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting
Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”). The listings are automatic and not subject to notice-and-comment rulemaking under the authority…
Change on the Horizon for Gulf of Mexico Energy Production
The Gulf of Mexico has long been home to offshore energy development, but with President Biden’s call to advance offshore wind development, a new change is potentially coming to the horizon—wind farms. At the helm of Gulf wind development is the Department of the Interior’s Bureau of Ocean Energy Management, who has now announced the…
