Section 7 of the Endangered Species Act (ESA) requires the Army Corps of Engineers (Corps) to consult with the National Oceanic and Atmospheric Administration Fisheries (NOAA) (together “Agencies) before undertaking work or issuing permits to maintain structures that may affect listed species or protected habitat. On January 5, 2022, the Agencies signed a joint resolution
Army Corps Finalizes Modified and New Nationwide Permits, Including for Certain Hydropower Projects
On December 27, 2021, the U.S. Army Corps of Engineers (Corps) issued a final rule reissuing 40 existing Nationwide Permits (NWPs) with modifications and issuing a new NWP for water reclamation and reuse facilities. The 40 existing NWPs that the Corps reissued includes NWP 17, which authorizes the discharge of dredged or fill material associated
Clean Water Act Section 401 Certification Rule Litigation Continues
As the U.S. Environmental Protection Agency (EPA) prepares its Clean Water Act (CWA) Section 401 rule proposal, litigation regarding the 2020 Trump-era rule (Certification Rule) continues. Currently, the issue of whether to re-instate the Certification Rule is proceeding before U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The U.S. District Court for the
FERC Overhauls Existing Pipeline Project Analysis, Creates Separate Interim GHG Policy for Gas Infrastructure Projects
On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the industry in general. Headlining these policies is FERC’s new interim greenhouse gas (GHG) policy statement (Interim GHG Policy Statement), pursuant to which FERC will
Environmentalists File Notice of Intent to Sue Regarding Regional Haze
On February 7, 2022, Sierra Club, et al. filed a Notice of Intent to File Suit (“NOI”) over the Unites States Environmental Protection Agency’s (“USEPA”) supposed failure to perform its duties under the Clean Air Act (“CAA”) to timely “make statutory completeness determinations and findings of failure to submit Regional Haze
Shareholder Activism or Divestment? The Massachusetts Pension Fund Chooses Activism
The Boston Globe reported yesterday that the Massachusetts Pension Reserves Investment Management Board approved investment guidelines that would have the Board vote against directors of companies in which the Board invests where the company does not have a plan to reach net zero carbon emissions by 2050. 
As the Globe notes, there is something of
Gas and Nuclear Activities in the EU Taxonomy Regulation: Under What Conditions Does the Commission Deem Them Environmentally Sustainable?
On February 2, 2022, the European Commission adopted a Complementary Climate Delegated Act (the “CCDA”) listing specific gas and nuclear activities as “environmentally sustainable” for purposes of the EU Taxonomy Regulation, subject to strict criteria. Only certain activities that comply with strict emissions limits and other criteria detailed below may be so designated. Even
Recent Federal Legislation’s Impact on Electric Vehicle Infrastructure
Recent federal legislation seeks to address the ever-increasing demand for electric vehicle (EV) infrastructure. On Nov. 15, 2021, the Infrastructure Investment and Jobs Act (IIJA) was signed into law. The IIJA specifically allocates $7.5 billion specifically for EV infrastructure programs and grants on a national level.
OSHA To Address Soaring Injury Rates at Healthcare Facilities
By James L. Curtis, Brent I. Clark, Mark A. Lies, Adam Young, Patrick D. Joyce, A. Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on
H2Oklahoma: Interview with Secretary Ken Wagner
Anna Wildeman welcomes Oklahoma Secretary of Energy and Environment Ken Wagner to the podcast. In this episode Ken, Dave Ross, and Anna touch on the diversification of Oklahoma’s energy portfolio, including its pursuit of renewable energy sources, such as hydrogen, and its confluence with the water sector.