Overview of the Inflation Reduction Act’s Methane Tax

By Poe Leggette and Bailey A. Bridges on January 12, 2023 Posted in Alert

Key Takeaways Introduction Part I of this three-part methane update discussed the state of substantive methane regulation in the United States and touched on the Inflation Reduction Act’s (“IRA” or “the Act”) addition of Section 136 to the Clean Air Act. This Part II covers Section 136’s first-ever federal “charge on methane emissions[.]” Part III will cover … Continue Reading

State of Play on Clean Water Act “Waters of the United States” Jurisdiction

By Mike Nagelberg and Cory Barnes on October 15, 2021 Posted in Clean Water Act, EPA

On August 30, 2021, in Pasqua Yaqui Tribe et al. v. EPA et al. (Case No. 4:20-cv-00266-RM, Dkt. 99), the U.S. District Court in Arizona vacated the Trump administration’s 2020 Navigable Waters Protection Rule (“NWPR”), which had significantly walked back the scope of navigable “waters of the United States” (“WOTUS”) regulated under the Clean Water … Continue Reading

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

By Meagan Moore on September 10, 2021 Posted in Clean Water Act, EPA

Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the local certifying authority that has jurisdiction over the project area where the discharge would occur. This cooperative federalism within the … Continue Reading