The Louisiana Department of Environmental Quality (“LDEQ”) issued an Emergency and Administrative Order on March 19, 2020, to address hardships posed to regulated facilities by efforts to combat the COVID-19 virus. See the order here. The Order expires on April 18, 2020. The Order may be extended and/or amended as the situation evolves. At
Environmental Concerns Related to COVID-19
While we are all dealing with the challenges presented by coronavirus, it is important that environmental compliance not be forgotten. Both the United States Environmental Protection Agency (USEPA) and the New Jersey Department of Environmental Protection (NJDEP) have issued guidance.
USEPA has expedited approval of certain sanitizing products and has updated its list of approved
COVID-19 and OPEC are Having a Major Impact on E&P-Related Finance, Acquisitions, and Bankruptcies
The recent OPEC/COVID-19-related drop in energy prices may soon set off a tidal wave of energy-related bankruptcies. Funding for exploration and production (“E&P”) companies is much harder to find, and much more expensive, than it was just a few weeks ago. Reserve reports that might have been at “concern” status at year end will be
Massachusetts and Federal Updates on PFAS Regulation
On February 20, the U.S. Environmental Protection Agency (EPA) announced that it would begin a regulatory determination process aimed at deciding “whether or not to begin the process to propose and promulgate a national primary drinking water regulation” for per- and polyfluoroalkyl substances, known as PFAS. PFAS encompasses a large
EPA Finalizes Rule to Limit Refrigerant Program to Ozone Depleting Substances
Last week, EPA fulfilled a promise to reverse the expansion of its refrigerant management program during the Obama Administration. That expansion, which was finalized in 2016 and became effective in 2019, EPA extended the regulations for ozone depleting substances (ODS) to non-ODS “substitute” refrigerants, with the intent of reducing emissions of substitutes that consist of
Fourth Circuit Rejects Statute of Limitations Challenge to FERC Electricity Market Manipulation Suit
On Feb. 11, 2020, the United States Court of Appeals for the Fourth Circuit decided that the Federal Energy Regulatory Commission (FERC) did not overstep the statute of limitations in its effort to impose more than $29 million in civil penalties over alleged wholesale electricity market manipulation carried out by Dr. Houlian Chen and other associated financial
US Supreme Court Grapples with Balancing Landowners’ Rights Against CERCLA Authority
Two months ago, the US Supreme Court heard oral arguments in Atlantic Richfield Co. v. Gregory Christian. The case is critically important to environmental lawyers in the United States because it may alter the operation of Congress’s Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) scheme for environmental remediation. CERCLA gives EPA broad
Agencies Release Final Rule Clarifying Federal Jurisdiction Under the Clean Water Act
On January 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers released their new regulatory definition of “the waters of the U.S.” (WOTUS) clarifying the geographic scope of federal jurisdiction under the Clean Water Act.
IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)
This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary for Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.” Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory
Have Your Say – Public Consultation on How Western Australia Can Modernise Its Environmental Protection Legislation Now Open
Public consultation is currently open for the Western Australian (WA) government’s proposed amendments to the state’s environmental protection legislation. The proposed changes aim to 
modernise the state’s environmental protection legislation to address the new challenges and priorities that have arisen in environmental protection in the 30 years since the Environmental Protection Act 1986 (WA) (EP