In his opening statement at the Senate confirmation hearing for his appointment to the role of EPA Administrator, Scott Pruitt stated that he will build on progress “in promoting a healthier environment and stronger economy for future generations by focusing on three core philosophies: rule of law, cooperative federalism, and public participation.” Each of those philosophies would return EPA’s authority to its “core mission of protecting the American people through common sense and lawful regulations.”

With respect to the rule of law, Pruitt noted that EPA’s role is limited by statute and criticized the agency for

On January 11, 2017, EPA published notice of its intention to publish a notice of proposed rulemaking establishing financial responsibility requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for facilities in the chemical manufacturing (NAICS 325), petroleum and coal products manufacturing (NAICS 324), and electric power generation, transmission, and distribution (NAICS 2211) industries.  CERCLA Section 108(b) regulations require regulated classes of facilities to demonstrate to EPA that they have

On December 15, 2016,the Federal Energy Regulatory Commission (FERC) proposed broad regulatory changes to enhance the interconnection processes first developed in 2003, prior to the proliferation of new generation resources and transmission investments. FERC issued a Notice of Proposed Rulemaking (NOPR) that proposes to modify many aspects of the large generator interconnection process.  The full…

On December 16, 2016, the U.S. Fish & Wildlife Service (the Service) issued a final rule revising the eagle take permit regulations.  The rule is intended to make the permit process less onerous for wind energy project developers and other companies that engage in activities with the potential to disturb, injure, or kill bald and golden eagles.  On that same date, the Service also published

Husch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series focused on the Texas solar industry, titled “On the Horizon”. Register here for the final webinar in the series, in which Husch Blackwell’s Chauncey Lane and Jason Reschly will focus on solar development finance and the investor tax credit.  They’ll give advice on tax requirements to qualify for solar tax credits, discuss tax issues for structuring transactions, identify trends in

President-elect Donald Trump’s appointment of Oklahoma Attorney General Scott Pruitt confirms that the Trump administration and its appointees will not continue to support attempts by the U.S. Environmental Protection Agency (EPA) to address climate change.  Pruitt, who has referred to the debate regarding global warming as “far from settled,” has filed several lawsuits against EPA challenging regulations that limit such emissions from the coal, oil, and natural gas industries, including an EPA rule implementing the Clean Power Plan by requiring states to

On December 16, the U.S. Environmental Protection Agency (EPA) issued its widely anticipated final report on the impacts to drinking water sources from hydraulic fracturing. In its final report, the EPA backed away from its earlier conclusion that fracking has not caused “widespread, systemic” impacts to drinking water, instead concluding that fracking activities can impact…

On November 16, 2016, the U.S. Environmental Protection Agency (EPA) published the proposed Renewables Enhancement and Support Growth Rule, which proposes changes to EPA’s Renewable Fuel Standard (RFS) program and other renewable fuel regulations designed to encourage market growth of ethanol and renewable fuels in the U.S. and provide

Last week, OSHA published its new “Recommended Practices for Safety and Health Programs,” which advises employers to establish comprehensive internal safety and health programs and provides extensive guidelines and resources for doing so. In releasing the updated recommendations, OSHA argues that employers adopting such programs could reduce injuries and illnesses and promote sustainability.