Member Articles

This alert provides links to the latest insights and commentary on key energy and environmental issues from the Hunton Andrews Kurth team. Links to our most recent posts on the Nickel Report Blog for this month are below.

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The top three most read articles:

• Preparing for Increased Focus on Environmental Justice in Project Permitting
  In this article, the authors discuss the National Environmental Policy Act (“NEPA”) and environmental justice review requirements for federal agency actions, recent challenges and court decisions showcasing the increased scrutiny and focus on environmental justice reviews for project permitting, recent NEPA regulation and other environmental justice developments, and what the recent cases and other recent regulatory and political developments may mean for project permitting and environmental justice.
  
  
• Stay in your lane! Wyoming Federal Court Finds BLM Venting and Flaring Rule Intrudes on EPA Authority
  On October 8, 2020, Wyoming federal district court Judge Skavdahl struck down the Bureau of Land Management’s (BLM) “Waste Prevention Rule,” otherwise known as the “Venting and Flaring Rule,” which had been promulgated on November 18, 2016, in the closing months of President Obama’s second term (“2016 Rule”).  See Order on Pets. for Review of Final Agency Action, Wyoming v. U.S. Dep’t of Interior, No. 2:16-CV-0285-SWS (D. Wyo. Oct. 8, 2020) (Order vacating 2016 Rule).  
  
  
• Got COVID-19 “Claims”: Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, especially for Products Claiming to be Effective against Coronavirus
  In the age of COVID-19, demand for surface wipes, sprays and similar products is at record levels. Retail stores have struggled to keep supplies stocked and shelves may once again be emptied when the winter flu season arrives. If schools and businesses reopen concurrently, the prospects of securing these products becomes even bleaker, which may re-fuel consumer stockpiling. To meet this surging demand, manufacturers have ramped up production and new entrants are pouring into this market space in unprecedented numbers. Supply chains are already stressed and further straining is expected to continue.
  
  

Other interesting articles:

• New York to Commence Enforcement of Plastic Carryout Bag Ban
  
  
• California Air Resources Board Offering Lower Penalties for Self-Disclosure of Mobile Source Software and Other Violations by End of 2020
  
  
• Massachusetts Course Corrects on Offshore Wind Transmission
  
  

Visit the Nickel Report at www.huntonnickelreportblog.com for trends and developments in energy and environmental law.