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  1. Huffington Post Interview: Supreme Court Upholds EPA Rule on Air Pollution

    Friday, May 2, 2014 1:56 pm by


    On May 1, 2014, Bracewell partner Jeff Holmstead was interviewed in a live on-air chat by the Huffington Post, along with John Walke of the Natural Resources Defense Council (NRDC) and law professor Dan Farber of the University of California at Berkeley. The discussion focused on how the rule works and what the ruling means for coal-fired power plants.


  2. Texas Greenhouse Gas Regulations Go Into Effect

    Tuesday, April 22, 2014 12:50 pm by and

    On April 17, the Texas Commission on Environmental Quality’s new greenhouse gas (GHG) regulations became effective, establishing the framework for a new GHG permitting program at TCEQ, which the agency hopes to begin implementing in the summer of 2014.  Before this can happen, EPA must officially approve the rules and also rescind the Federal Implementation Plan under which it currently regulates GHGs in Texas. 

    The rules have immediate implications for a variety of facilities, however.  Whereas the changes to the PSD program only involve new or modified facilities, the Title V aspects of the rules affect both new and existing facilities.  Any existing facility with a “potential to emit” GHGs above EPA’s “major source” thresholds will have to either obtain a Title V permit or certify to TCEQ that its actual emissions are below the thresholds (found in 30 Tex. Admin. Code § 122.10(14)(H)).  The timing of this certification depends on whether the facility currently has a Title V permit for non-GHG emissions.  (more…)


  3. EPA Requests Feedback on Methane Emissions

    Wednesday, April 16, 2014 5:22 pm by , , and

    By way of update to last month’s client alert, on April 15, 2014, EPA released five white papers that discuss methane and volatile organic compound (VOC) emissions from the oil and gas sector.  The release of the white papers is part of the White House’s Climate Action Plan Strategy to Reduce Methane Emissions

    The white papers cover emissions from five types of emission sources:

    • Compressors
    • Well completions and production from hydraulically fractured wells
    • Leaks
    • Liquids unloading
    • Pneumatic devices (more…)

  4. D.C. Circuit Hears Argument on 2013 Renewable Fuels Standard

    Tuesday, April 8, 2014 3:06 pm by

    On Monday, April 7, the D.C. Circuit heard oral argument in Monroe Energy v. EPA, No. 13-1265, which challenges the 2013 renewable fuels standards (RFS).  Judges Rogers, Griffith, and Pillard presided over the argument. Monroe Energy, an independent refiner, and trade associations API and AFPM challenged the 2013 RFS. PBF Holding Company LLC intervened on behalf of Petitioners, and multiple parties intervened on behalf of EPA. (more…)


  5. Proposed Waters of the U.S. Rule Changes the Question for Adjacent Wetlands

    Monday, April 7, 2014 12:55 pm by

    Prairie Pothole Wetlands
    Last week we discussed various elements of the U.S. EPA’s and Army Corps of Engineers’ proposed rule redefining Waters of the United States.  Today, we note a potentially wide-ranging impact of the rule regarding the identification of wetlands.

    Wetlands can be difficult for laypersons to identify, as some are wet for as little as 5-12% of the growing season. In mountainous areas of northern states, that can be as little as 4 days, so for much of the year they can be completely dry.  But wetlands are regulated like other waters and require a permit before they can be disturbed.  As a result, the greater the acreage of jurisdictional wetlands there are on a particular property, the more complex the permitting process will be. (more…)


  6. Spill Prevention under the Proposed Waters of the United States Rule

    Friday, April 4, 2014 8:00 am by and

    We’ve blogged about the scope of EPA’s proposed Waters of the United States rule and whether it provides any additional clarity to the current regulatory scheme.  With this post, we’ll start to outline some direct potential impacts on different segments of industry.  Today, we briefly examine what an expanded regulatory scope of waters could mean for industries required to comply with the Spill Prevention, Control, and Countermeasure (SPCC) Rule under the Oil Pollution Act and the Clean Water Act. (more…)


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