This article follows up on two prior articles published by Hunton Andrews Kurth LLP attorneys focusing on the Department of the Interior’s (“DOI”) funding of state orphaned well programs[1] and the Biden Administration’s promise of a greater emphasis on consulting with indigenous people and acknowledging their communities’ cultures, customs, sacred sites, and historical knowledge
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To Achieve Carbon Neutrality by 2045, CARB Proposes 2022 Scoping Plan
On November 16, 2022, the California Air Resources Board (CARB or the Board) proposed a new Scoping Plan for the reduction of greenhouse gas (GHG) emissions. Generally, the Scoping Plan is a means by which the Board can assess California’s progress toward achieving carbon neutrality by 2045, and issue new policies and strategy to meet
European Union Adopts Corporate Sustainability Reporting Directive With Impacts Beyond Europe
On November 28, 2022, the Council of the European Union formally adopted the Corporate Sustainability Reporting Directive (CSRD), following the European Parliament’s formal adoption of the directive earlier last month. The CSRD is a broad environmental, social, and governance reporting framework that will impose uniform, mandatory reporting requirements on many companies with European operations, including
California’s 2022 Proposed Final Scoping Plan
On November 16, 2022, the California Air Resources Board released its proposed final “2022 Scoping Plan for Achieving Carbon Neutrality.” The plan lays out a path for California to achieve carbon neutrality and reduce anthropogenic emissions to 85 percent below 1990 levels by 2045. Notably, it highlights the necessity for carbon capture and carbon removal
What could the US EPA’s proposed Superfund listing for PFOA and PFOS mean for industry?
On 6 September, the US EPA released its proposed rule to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) to the list of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.
If finalized, these hazardous substance designations could have a significant impact on many industries, from creating
BOEM Resumes OCS Lease Sales 258 and 259
We summarize recent developments for Bureau of Ocean Energy Management Lease Sale 258 (in Alaska’s Cook Inlet), Lease Sale 259 (in Gulf of Mexico), and subsequent opportunities available to upstream oil and gas companies.
Environmental Justice in Focus: Why EPA’s New EJ Office and EJ FAQs Guidance Are Important
The Biden-Harris administration is taking new steps to put some teeth into its emphasis on addressing environmental justice. Two recent developments are worth noting given the potential impact on projects and communities. One, EPA announced on September 24, 2022 that it is launching its new Office of Environmental Justice and External Civil Rights (OEJECR or
First Offshore Wind Energy Lease Sale in the Pacific Creates Opportunity for Developers
On October 18, 2022, the Department of the Interior announced that the Bureau of Ocean Energy Management will hold an offshore wind energy lease sale on December 6, 2022, for areas on the Outer Continental Shelf off central and northern California. This will be the first-ever offshore wind lease sale on America’s west coast and
TCEQ Requests Public Input on Draft Wastewater Regionalization Guidance
The Texas Commission on Environmental Quality is inviting informal public comment on the draft Regulatory Guidance Document for Evaluation of Regionalization for Potential New Wastewater Systems. TCEQ is required to implement a policy to “encourage and promote the development and use of regional and area-wide waste collection, treatment and disposal systems to serve the waste
USFWS Tries Again to Make Eagle Take Permitting Process Work for Stakeholders and Wildlife
On September 30, the US Fish and Wildlife Service (USFWS or Service) published proposed rule that would revise the regulations governing the issuance of eagle take permits (ETPs) under the Bald and Golden Eagle Protection Act. 87 Fed. Reg. 59,598 (September 30, 2022). In the preamble to the proposed rule, the Service acknowledges that its