In 2021, the Biden Administration set a goal of deploying 30 gigawatts (“GW”) of federal offshore wind projects by 2030, and in 2022, the U.S. Department of the Interior (“DOI”) set an additional goal of deploying 15 GW of floating offshore wind by 2035.
Continue Reading U.S. Federal Offshore Wind in 2024: Growth and Growing Pains
This week, a Maryland federal district court amended its prior Biological Opinion (“BiOP”) vacatur judgment, extending the timeline for vacatur from December 20, 2024, to May 21, 2025, which averts for now a potential shutdown of Gulf of Mexico (“GOM”) oil and gas operations.
Continue Reading Potential Shutdown of GOM Oil and Gas Operations Due to BiOp Vacatur Averted – For Now
On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”).
Continue Reading EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (the “2020 BiOp”), and corresponding Incidental Take Statement (“ITS”), for violations of the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., and Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq.
Continue Reading Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.
Continue Reading EJ Analysis Remains Part of Louisiana’s Public Trust Duty
This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities.
Continue Reading EPA Releases New Version of EJScreen
On July 1, 2024, the United States Supreme Court extended the deadline for challenging agency actions under the Administrative Procedure Act (“APA”), holding that the statute of limitations period does not begin to run “until the plaintiff is injured by final agency action.”
Continue Reading SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA
As we hit the halfway point of 2024, Louisiana is poised for significant legislative changes impacting civil procedure and litigation, energy, government, and insurance, among other sectors.
Continue Reading Louisiana’s Legislative Landscape: What’s New in 2024
On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
In March 2024, the Environmental Protection Agency (“EPA”) issued its final rule amending its Risk Management Program regulations (also referred to as, “Part 68”). These amended regulations went into effect on May 10, 2024.
Continue Reading EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards