The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”). After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this complicated saga and learn what to expect? Amy Wachs gives you all you need to know here.
Are you aware of the deadlines and communication necessary to contest/challenge MSHA enforcement actions? Eric Dullea summarizes recent cases.
Read the full article from the June issue of Rock Products magazine.
Lawmakers of the 86th Texas Legislature passed several bills in regular session related to storage and cybersecurity, as well as a bill extending the expiration of a Chapter 312 tax abatement program that benefits renewable energy. These energy-related bills passed by the Texas Legislature are discussed below, as are notable bills that failed to gain traction this session.
“Each case of advanced black lung disease is an entirely preventable tragedy and represents mine operators’ unwillingness to adequately control mine dust exposures, and safety regulators failure to set, monitor and enforce standards necessary to protect miners,” writes our Erik Dullea. Learn more in his April piece via Coal Age.
Join Husch Blackwell and the Texas Renewable Energy Industries Alliance (TREIA) for a webinar series focused on topics that affect the Texas renewable energy industry.
Don’t miss the first in this webinar series, ITC & PTC Status Overview, on Tuesday, May 7, 2019, Noon – 1:00 p.m. CDT.
The first installment of the 2019 series will be an overview of the current status and future of the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Presenters from Husch Blackwell and OnPeak Power will discuss commercial application and roles of the solar investment tax credit and wind production tax credit in financing and project development. In addition, they will cover the expected future of wind and solar development as credits are reduced or expired, the current legal status of wind and solar credits, and the legal eligibility for these credits.
Who Should Attend?
Renewable developers, solar service providers, public officials, investors, lenders, general counsel, private equity companies, environmental entities, and other development consultants and service providers.
This webinar introduces topics that will be featured at the 2019 GridNEXT Conference, to be held June 26-27, 2019 in San Antonio.
Continuing Education Credit
This program is pending approval for Texas continuing legal education credit.
This webinar is complimentary; however, registration is required. We encourage you to share this webinar with interested colleagues.
As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters through nonpoint sources, such as groundwater. Recently, the U.S. Supreme Court granted certiorari in one of those Circuit decisions (Part 2), and the case is still in front of the Supreme Court. While U.S. EPA had requested comments on this and other issues (Part 3), the agency’s current position was unknown until recently. On April 15, 2019, EPA released an interpretive statement and corresponding press release providing new guidance on whether the CWA permitting requirements apply to discharges directly to groundwater (78 Fed. Reg. 16810 (April 23, 2019)).
The Trump administration announced in December 2018 its proposed replacement rule defining “waters of the United States.” Under the proposed rule, the number of wetlands that fall outside of federal jurisdiction is expected to increase.
Phillip Bower and Megan McLean weigh in on what this means for state regulation of non-federal wetlands in the recent article published in the American Bar Association’s March/April 2019 edition of Trends, the ABA Section of Environment, Energy, and Resources newsletter.
What are Wisconsin, Minnesota and other states doing? What’s next?
Check out the full article: The Proposed WOTUS Rule: How do states regulate non-federal wetlands?