On December 10, 2024, President-elect Donald Trump promised expedited permitting for energy and other construction projects worth more than $1 billion.
Continue Reading Louisiana is “Open for Business,” but Projects Need to Proceed Carefully
SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
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
EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
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
EPA’s Denial of Louisiana’s Revised SIP
On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. This 2015 SIP Call rule focused on the treatment of excess emissions during periods of startup, shutdown, or malfunction (SSM).
EPA and Army Corps Release New WOTUS Rule
EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule
Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental Justice Concerns
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations[1] for a Formosa Plastics facility (“FG LA”) planned to be built in St. James Parish.[2] The court ruled that LDEQ erred in issuing
EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana
On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”). This most recent action revokes the EPA guidance issued nearly a year earlier in
EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities
On March 29, 2019, the U.S. Environmental Protection Agency (EPA) announced it had finalized a voluntary disclosure program for new owners of upstream oil and natural gas exploration and production facilities. Under the program, EPA will not impose any civil penalties on new owners of these facilities (which include well sites and associated tanks and vapor control systems) who find, self-disclose, and correct Clean Air Act violations pursuant to an audit program agreement with EPA. EPA is offering the program to such new owners because EPA and states have seen significant excess emissions and Clean Air Act noncompliance from vapor control systems at these facilities.Continue Reading EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities