U.S. EPA has recently come under fire from its quasi-independent auditor, the Office of the Inspector General (OIG), which has issued multiple reports accusing EPA of not moving with sufficient speed or transparency to increase regulations of sources of EtO.
Pillar and Post
The Pillar and Post blog, published by Baker & Hostetler LLP, focuses on legal developments and regulatory issues related to energy law, with a particular emphasis on carbon capture, utilization, and sequestration (CCUS) projects. It covers legislative and policy changes affecting tax incentives, environmental regulations, and state-level regulatory frameworks for energy and environmental compliance. The blog also addresses litigation impacting energy infrastructure projects and provides updates on federal and state initiatives aimed at promoting sustainable energy technologies and reducing emissions.
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Emerging Chemical Issues – Ethylene Oxide (Part 4 of 5): Special Considerations Related to the Sterilization Industry
By Josh Wilson
Commercial sterilization operations find themselves in a more unique and complex regulatory context than many other industrial sources of EtO. Unlike the chemical manufacturing industry, which can often make decisions about EtO usage based solely on the grounds of technical…
First-Ever Mandatory Cybersecurity Directive for Oil and Gas Pipelines Signals More Robust Regulations to Come
New cybersecurity requirements for oil and gas pipelines signal important changes to the regulatory landscape for midstream companies. A new security directive from the Transportation Security Administration (TSA), effective May 28, 2021, mandates immediate action and ongoing compliance protocols for…
Emerging Chemical Issues – Ethylene Oxide (Part 3 of 5): Challenges to the IRIS EtO URE
By Josh Wilson
Today’s alert looks at the current status of challenges to the IRIS EtO URE and EPA’s related rulemaking proceedings.
Sterilizers have been one of the most widely publicized sources of EtO, and have taken the brunt of enforcement actions and…
Emerging Chemical Issues – Ethylene Oxide (Part 2 of 5): A Patchwork of State Regulation
By Josh Wilson
Federal law generally sets a floor, rather than a ceiling, when it comes to emission reduction regulations, and thus, when assessing a facility’s compliance and legal risks it is important to track state and local laws, regulations, and enforcement activities.…
Emerging Chemical Issues – Ethylene Oxide (Part 1 of 5): Why It Matters
By Josh Wilson
In the past two years, hundreds of lawsuits have been filed against companies based on their emissions of a chemical called ethylene oxide (often referred to as “EtO” or “EO”). Multiple facilities that handle EtO also have been shut down…
Leasing Lawsuits Hit Their Stride Multiple Plaintiffs Seek Orders to Reinstate Federal Oil and Gas Lease Sales
Consistently throughout his presidential campaign, President Biden repeatedly indicated his intention to “ban[] new oil and gas permitting on public lands and waters.”[1] Only one week after taking office, on Jan. 27, the president issued Executive Order 14008, representing…
The Importance of Knowing The Right Way to Prepare Legal Descriptions in a Right-of-Way Transaction in Texas
By Zach Bernard
Understanding Missouri v. Biden: The Benefits and Costs of Carbon Emissions
By Poe Leggette
On Feb. 26, the Biden administration announced that, for at least the rest of the year, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon dioxide is $51 per ton. Called the…