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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

US petroleum and natural gas systems emitting 25,000 metric tons or more of GHGs per year will have to comply with EPA’s Subpart W regulations after all. According to The Hill,

“The Supreme Court on Friday declined to block Biden administration limits on planet-warming methane from oil and gas production and toxic pollution from coal plants. The high court denied requests from red states and the industry to temporarily halt the Environmental Protection Agency (EPA) regulations. It did not explain its reasons for doing so, and no dissents were noted.”

However, the article states that lower court cases are still playing out and it is possible that the rule “could ultimately be overturned through ongoing legal proceedings.”

The rule was issued in December 2023 with changes adopted in May 2024. Operators of affected oil and gas systems must collect GHG data, calculate GHG emissions, and follow procedures for quality assurance, missing data, recordkeeping, and reporting.

Sustainability leaders, staff and advisors – Complying with these regulations will be viewed as burdensome for companies directly impacted. Initial reporting starts in 2025 (for calendar year 2024), with more reporting required in 2026 (for calendar year 2025). However, there will be benefits for direct or ultimate customers of impacted companies (probably everybody): regulatory-quality, publicly available GHG emissions data will be available for those calculating and reporting Scope 2 (many companies) and Scope 3 (not quite as many companies). This can be cross-checked against other data provided through voluntary reports, survey questionnaires and GHG protocol assumptions/results.

Members can learn more about GHG emissions here. In addition, watch for an upcoming podcast with Doug Parker, CEO of Ecolumix for the latest about EPA compliance data and how companies are using it in their sustainability programs.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile