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Plaquemines Parish v. BP America Production Co.

The Fifth Circuit, 2-1, affirmed two district courts' orders remanding to state court lawsuits brought by Louisiana parishes against various oil and gas companies. The parishes initially sued in state court, arguing the companies violated Louisiana’s State and Local Coastal Resources Management Ac...

Texas v. Securities and Exchange Commission

The Fifth Circuit dismissed for lack of standing four states' challenge to the Securities and Exchange Commission's final rule requiring funds to disclose their votes on environmental, social, and governance matters. Texas, Louisiana, Utah, and West Virginia argued they had suffered injury as invest...

Sinclair Wyoming Refining Co. LLC v. Environmental Protection Agency

The D.C. Circuit rejected challenges to renewable fuels standards EPA set for 2020, 2021, and 2022. Cellulosic biofuel producers argued the standards were set too low, and petroleum refiners argued they were set too high. Specifically, the biofuel producers argued EPA misinterpreted or unreasonably ...

Vermont: Waste

The Agency of Natural Resources proposed to amend and readopt the Materials Management Plan. The amendments would, among other things, replace the previous plan’s performance standards with new strategies and actions. Hearings will be held July 8, 10, and 11, 2024. Comments are due July 19, 2024. See https://secure.vermont.gov/SOS/rules/.

Texas: Water

The Water Development Board adopted amendments to regulations governing the designation of river and coastal basins. The amendments modernize the rule language and update the storage method of digital files of the maps that designate Texas’ river and coastal basins.

Texas: Waste

The Commission on Environmental Quality proposed amendments to regulations governing municipal and industrial solid waste. The amendments would implement HB 3060 to expand conditional exclusions from the definition of solid waste to owners and operators of facilities that convert plastics and other nonhazardous recyclable materials through pyrolysis and gasification to include the processes of depolymerization and solvolysis. A hearing will be held June 20, 2024. Comments are due June 25, 2024.

Texas: Waste

The Commission on Environmental Quality proposed amendments to regulations governing waste minimization and recycling. The amendments would identify third-party certification systems for mass balance attribution, update definitions and guidelines for recycled products, and ensure compliance with amended statutes on recycling and materials recovery. A hearing will be held June 24, 2024. Comments are due June 25, 2024.

South Carolina: Natural Resources

The Department of Health and Environmental Control adopted amendments to regulations governing beachfront management. The amendments add several technical corrections, new definitions, and language to clarify guidelines related to beach preservation, beach/dune system critical areas, and associated construction activities.

South Carolina: Energy

The Department of Health and Environmental Control adopted a new rule concerning solar energy systems. The rule establishes basic guidelines for large solar energy systems, including a registration requirement and a decommissioning plan requirement.