Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 27 posts by David M. Friedland.

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas (“GHG”) emissions from the power sector.  Notably, the Directive requires DEQ to develop a program that is “trading-ready,” with market-based mechanisms capable of linking with other jurisdictions. Read More ›

EPA Initiates Reviews of Three Clean Air Act Regulations, Following President Trump’s “Promoting Energy Independence and Economic Growth” Executive Order

A week after President Trump signed an Executive Order directing agency review of various energy-related regulations (see March 28, 2017, B&D alert here), the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations under Clean Air Act.  The announcements were published on the Federal Register on April 4, 2017. Read More ›

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO).  This latest EO aims to further incentivize domestic energy production, particularly coal, oil and gas, by rolling back regulations and guidance premised on climate change considerations.  If fully implemented, it would have noticeable and substantive impacts on EPA, Interior, and other agency programs.  Yet it remains to be seen how quickly or effectively the stroke of the President’s pen will translate into on-the-ground actions, and to what extent it may yield opportunities or challenges for energy and natural resources project development.  In the interim, the EO sets in motion several energy-based initiatives across multiple agencies warranting close monitoring and active participation. Read More ›

District of Columbia Proposes Much-Anticipated Synthetic Minor Air Permitting Regulations

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed Rule”). The Proposed Rule will establish a synthetic minor permit program under Chapter 2 of Title 20 of the D.C. Municipal Regulations, set up and revise fees for air quality permits, and through the administrative amendment process, allow for the incorporation of Chapter 2 preconstruction permit requirements into Title V (Chapter 3) permits under the Clean Air Act. Read More ›

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S.  With 100 lawyers in offices around the U.S. focused on environmental and natural resource law and litigation, Beveridge & Diamond helps clients navigate legal and business risks arising from this evolving legal landscape. Read More ›

EPA Issues “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports”

On September 22, 2016, EPA issued a report titled “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports” (the “Assessment”).[1]  According to EPA, the Assessment supports the goal of EPA’s “Ports Initiative”[2] to reduce air pollution and greenhouse gases through collaboration among industry, government, and communities.  Notably, EPA urges state and local governments, ports and port operators, Tribes, communities and other stakeholders to use the Assessment to inform their priorities and port-related decision making, and to achieve more emission reductions across the United States. Read More ›

New EPA Air Emissions Rules Mean Greater Compliance Burden for Landfill Owners

Summary: The United States Environmental Protection Agency (“EPA”) recently released two rules updating the regulation of air emissions from municipal solid waste landfills.  These rules enlarge the potential universe of landfills required to implement emissions controls, provide a new testing method for determining when such controls must be installed, and clarify certain definitions and procedures of the older rules.  Landfill owners should be prepared to shoulder a greater compliance burden and remain aware of how these new regulations are being implemented in their respective states. Read More ›

State Air Agency Group Issues Model Clean Power Plan Rule

The National Association for Clean Air Agencies (“NACAA”) has released a model Clean Power Plan (“CPP”) rule as a resource for state air agencies.  The model rule highlights possible strategies for incorporating energy efficiency into state plans, and therefore provides valuable insight into the types of measures that companies can expect to face if the CPP moves forward. Read More ›

EPA Proposes to Amend the Site Remediation NESHAP to Remove the Exemption for Site Remediation Activities Performed under CERCLA and RCRA

Summary:  On May 13, 2016, EPA proposed to amend several provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAPs): Site Remediation.  The Site Remediation Rule currently exempts from hazardous air pollutant standards remediation activities performed under the authority of CERCLA and those conducted under a RCRA corrective action or other required RCRA order. EPA is proposing to remove the CERCLA/RCRA exemption and to remove the applicability requirement that a site remediation must be co-located with a facility that is regulated by other NESHAPs in order to be subject to the Site Remediation Rule. Comments are due June 27, 2016. Read More ›

EPA Finalizes Regulations Targeting Methane and Volatile Organic Compounds from Oil and Gas Operations

Summary: On May 12, 2016, EPA issued three final rules to reduce methane emissions from new, reconstructed, and modified sources in the oil and gas sector by 2025. These rules create significant new obligations to reduce emissions of methane and VOCs from various equipment, perform green completions, and monitor and correct leaks, and they serve as a prelude to further scrutiny of existing sources. Read More ›