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Climate Change Hero

Climate Change Blog

Court Vacates BLM’s Postponement of Obama Methane Rule

On October 4, 2017, in a consolidated decision for Sierra Club, et al. v. Zinke, et al., No. 17-cv-03885, and State of California, et al. v. United States Bureau of Land Management, et al., No. 17-cv-03804, a Magistrate Judge in the U.S. District Court for the Northern District of California vacated BLM’s postponement of its 2016 final rule entitled “Waste Prevention, Production Subject to Royalties, and Resource Conservation” (the “Waste Prevention Rule” or “Rule”). The Waste Prevention Rule imposes additional emission control requirements relating to venting, flaring, and leaking of natural gas from oil and gas production operations on public lands in an effort to reduce methane emissions. The Rule required operators to submit “waste minimization” plans by January 2017 and includes other compliance deadlines, beginning in January 2018. On October 5, 2017, BLM published a proposed rule that would extend the January 2018 compliance deadlines to January 2019. The comment period for this proposed rule is currently open through November 6, 2017.

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State Street Issues New Recommendations for Enhanced Climate-Related Disclosures

On August 14, 2017, State Street Global Advisors, the world’s third largest asset manager, holding over $2.4 trillion in assets under management, issued new climate change disclosure guidance targeting U.S. and international public companies primarily in the oil and gas, utilities and mining sectors. This new guidance, entitled Perspectives on Effective Climate Change Disclosure, identifies “best practices” in climate-related disclosure and prescribes detailed disclosure methods in areas it deems pertinent to investors for evaluating whether “a company’s assets and long-term business strategy are resilient to the impacts of climate change.” In particular, State Street’s guidance emphasizes disclosure of climate change scenario planning and its impact on long-term strategy, which will carry significant business and strategic implications for U.S. public companies in these targeted sectors. 

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Court Limits EPA’s RFS Waiver Authority

In a unanimous ruling on July 28, 2017, the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Environmental Protection Agency’s (EPA) attempt to lower total renewable fuels targets in the agency’s 2014-2016 Renewable Fuel Standard (RFS) rule promulgated under the federal Clean Air Act (CAA). The decision follows challenges brought by numerous parties affected by the 2014-2016 RFS targets, including groups representing refiners, importers, and producers of renewable fuels. Americans for Clean Energy, et al. v. EPA, et al. explored several areas of EPA’s authority related to the RFS, but one key area impacted by the Court’s ruling is EPA’s general authority to waive total renewable fuels production targets.

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  • 07
  • August
  • 2017

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D.C. Circuit Strikes Down EPA Stay on Key Parts of Quad OA — the 2016 Methane NSPS Rule for the Oil and Gas Industry

On July 2, 2017, in Clean Air Council, et al. v. E. Scott Pruitt, No. 17-1145, the D.C. Circuit vacated EPA’s 90-day stay of EPA’s 2016 final rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” which EPA codified as Subpart OOOOa to 40 CFR Part 60 or “Quad Oa.” Quad Oa overhauled new source performance standards (“NSPS”) for the oil and natural gas sector. A deeper analysis of Quad Oa can be found here. As noted below, Quad Oa is now in effect unless EPA successfully finalizes a proposed rule that would stay for two years parts of Quad Oa. Quad Oa carries certain monitoring and reporting deadlines that will need to be complied with, unless EPA successfully extends those deadlines.

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  • 28
  • June
  • 2017

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Environmental Groups Move to Revive NEPA Lawsuit Over Federal Coal Leasing Program

Environmental groups are seeking to revive a climate change lawsuit regarding the federal coal leasing program, which allows companies to lease federal lands to mine coal. The coal leasing program manages leases on approximately 570 million acres of federal land, and produces approximately 40% of domestically sourced coal. Over 30% of energy generated in the United States comes from coal.

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  • 19
  • June
  • 2017

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EPA Proposes 2-Year Stay on Key Parts of Quad Oa — the 2016 Methane NSPS Rule for the Oil and Gas Industry

On June 16, 2017, the United States Environmental Protection Agency (EPA) published a proposed rule that would stay for two years parts of EPA’s June 3, 2016 final rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” which amended and established updated new source performance standards (NSPS) for the oil and natural gas sector. This final rule was codified in EPA’s NSPS regulations as Subpart OOOOa to 40 CFR Part 60 or “Quad Oa.” Detailed information about Quad Oa can be found here.

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