The Nickel Report

Trends and Developments in Energy and Environmental Law

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RRC Flaring Rules – Still Up in the Air

By Lisa Montgomery Shelton

August 3, 2020

Flaring has the attention of RRC, Producers and Stakeholders Flaring has the attention of the Texas Railroad Commission (RRC), oil and natural gas companies and stakeholders such as royalty owners, investors and environmental groups. Requests for RRC authorization of flaring has been on the increase in the Permian Basin. As a result, a number of interested parties are looking at regulatory changes. Some interested parties voice concern that a valuable resource is being wasted, others…

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When States Assume: Fulfilling Congress’s Objectives Under the Clean Water Act’s Wetlands Program

By Brian R. Levey

July 29, 2020

For over 40 years, one of the Clean Water Act’s (CWA’s) key regulatory programs has not functioned as Congress originally intended, producing, over time, significant inefficiencies in the federal permitting process that increase costs and delays for developers and hinder environmental review and protection. Today, renewed efforts at both the state and federal levels seek to achieve the objectives established by Congress in 1977. In particular, the U.S. Environmental Protection Agency (EPA) recently announced that…

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CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations

By Kerry L. McGrath & Lauren A. Bachtel

July 27, 2020

On July 16, 2020, the Council on Environmental Quality (CEQ) published its highly anticipated final rule to improve its National Environmental Policy Act (NEPA) regulations. The update, which largely mirrors the proposed rule, is the first comprehensive amendment to the regulations since their original publication in 1978. The final rule is designed to streamline the NEPA review process, clarify important NEPA concepts, and codify key guidance and case law. …

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Chemical Safety Board’s New “Best Practice Guidance for Corporate Boards of Directors and Executives in the Offshore Oil and Gas Industry for Major Accident Prevention” – Onshore Operators Take Notice!

By Shannon S. Broome & Daniel J. Grucza

July 22, 2020

Company Boards of Directors and senior executives of oil and gas companies should take notice of a May 14, 2020, guidance document issued by the Chemical Safety Board (CSB) entitled, “CSB Best Practice Guidance for Corporate Boards of Directors and Executives in the Offshore Oil and Gas Industry for Major Accident Prevention.,” And don’t be deceived by its title reference to offshore activities. Companies also need to pay mind to the guidance for…

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House Democrats Release Climate Action Plan

By Alexander Woo

July 17, 2020

Energy_WindTurbinesReflectedinSolarPanels

On June 30, 2020, Democratic members of the House Select Committee on the Climate Crisis unveiled a 538-page report that calls for reaching net-zero greenhouse gas (GHG) emissions economy-wide by 2050. The report, titled “Solving the Climate Crisis: The Congressional Action Plan for a Clean Energy Economy and a Healthy and Just America,” includes over a hundred policy recommendations to meet the 2050 goal.…

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Agency Guidance and EO 13891 – What’s “active” and what’s “rescinded”?

By F. William Brownell

July 10, 2020

The Environmental Protection Agency (EPA) will be 50 years old this year. Over the past half-century, EPA has issued literally tens of thousands of documents explaining its extensive regulatory programs. These guidance documents come in a wide variety of forms. Some may be signed by the EPA Administrator. Many more are signed by officials in program offices, in the Regions, or even by technical staff. Some may provide broad national guidance, while others interpret rules…

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EP4 – What’s New and What’s Next for the Enhanced Equator Principles?

By Samuel L. Brown & P. Scott Burton

July 9, 2020

Tremont in Great Smoky Mountains in Autumn

The Equator Principles (EPs) are a framework for assessing and managing environmental and social risks associated with project financing. The EPs provide a minimum due diligence standard and monitoring protocol supporting responsible risk assessment and decision-making. The EPs apply globally, to all industry sectors, and are focused on risk management for projects financed by the financial institutions that have adopted the EPs. Currently, the EPs have been adopted by 105 financial institutions across 38 countries.…

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DC Circuit Upends Long-Standing FERC Practice on Tolling Orders

By Ted J. Murphy & Brian M. Zimmet

July 6, 2020

On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or “Court”) issued an en banc rehearing order holding that the Natural Gas Act (“NGA”) does not permit the Federal Energy Regulatory Commission (“FERC”) to issue tolling orders for the sole purpose of preventing rehearing requests from being denied by operation of law. See Allegheny Defense Project, et al. v. FERC, No. 17-1098 (“Allegheny”). The decision upends…

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The USMCA, Trade, and the Environment

By Samuel L. Brown

July 2, 2020

The United States-Mexico-Canada Agreement (USMCA), a trilateral trade agreement between the three counties, entered into force on July 1, 2020 replacing the North American Free Trade Agreement (NAFTA).…

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EPA Sets Termination Date for Temporary Enforcement Policy

By J. Tom Boer, Samuel L. Brown, Todd S. Mikolop, Lauren A. Bachtel & Alexandra Hamilton

July 2, 2020

As states are seeing an increase in COVID-19 cases and pausing reopening efforts, the US Environmental Protection Agency (EPA) has forged ahead with setting a definite termination date for its temporary COVID-19 enforcement policy.…

The Nickel Report

Trends and Developments in Energy and Environmental Law

Blog Authors

RRC Flaring Rules – Still Up in the Air

When States Assume: Fulfilling Congress’s Objectives Under the Clean Water Act’s Wetlands Program

CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations

Chemical Safety Board’s New “Best Practice Guidance for Corporate Boards of Directors and Executives in the Offshore Oil and Gas Industry for Major Accident Prevention” – Onshore Operators Take Notice!

House Democrats Release Climate Action Plan

Agency Guidance and EO 13891 – What’s “active” and what’s “rescinded”?

EP4 – What’s New and What’s Next for the Enhanced Equator Principles?

DC Circuit Upends Long-Standing FERC Practice on Tolling Orders

The USMCA, Trade, and the Environment

EPA Sets Termination Date for Temporary Enforcement Policy

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