future-focused

EPA to Reconsider Previous Administration’s PM 2.5 NAAQS, Continuing its Deregulatory Push

3 minute read

On March 12, 2025, EPA Administrator Zeldin announced that the agency, as one of its 31 historic deregulatory actions to advance President Trump’s Day One executive orders and EPA’s “Powering the Great American Comeback,” will reconsider the previous administration’s rule tightening the Particulate Matter National Ambient Air Quality Standards (PM2.5 NAAQS). The PM2.5 NAAQS rule has raised implementation concerns from various states across the country, including Louisiana, and has been the subject of litigation in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit).

Final Rule Tightening PM2.5 NAAQS

On March 6, 2024, EPA issued a final rule tightening the PM2.5 NAAQS, which set the primary (health-based) annual NAAQS for PM2.5 at 9 micrograms per cubic meter (µg/m3), down from the prior limit of 12 µg/m3. See 89 Fed. Reg. 16202 (Mar. 6, 2024). EPA also laid out its timetable for states and the agency to implement the tightened standards, with the first designations of areas of the country as meeting or violating the limit targeted for 2026 and compliance deadlines beginning in 2032. The new standards could result in many areas of the country being designated as nonattainment, triggering costly control requirements for facilities located in those new nonattainment areas. The map below depicts the counties/parishes that do not meet the annual PM2.5 NAAQS of 9 µg/m3 based on 2020-2022 air monitoring data.

In Louisiana, Caddo Parish and West Baton Rouge Parish, with design values of 9.6 µg/m3 and 9.1 µg/m3, respectively, would not meet the PM2.5 NAAQS of 9 µg/m3. However, Louisiana’s Department of Environmental Quality has submitted two “exceptional event”1 demonstrations to the EPA for consideration, both dealing with the Port Allen monitoring station in West Baton Rouge Parish. The events included a Saharan Dust that resulted in 5 days of elevated PM2.5 levels in June 2022 and a Canadian Wildfire Smoke that resulted in 2 days of PM2.5 exceedances in October 2023. Removal of these “exceptional events” would result in West Baton Rouge Parish meeting the PM2.5 NAAQS of 9 µg/m3.

In addition to the areas that would likely be in non-attainment, there are also numerous areas that would be very close to exceeding the standard, which would severely limit growth and development in those areas. In Louisiana specifically, the following parishes have design values that are approaching the 9 µg/m3 standard:

Litigation Challenging Final Rule Tightening PM2.5 NAAQS

OnMarch 6, 2024, a group of states, including Louisiana, and other industry groups filed petitions for judicial review in the D.C. Circuit, requesting the court to vacate EPA’s rule tightening the PM2.5 NAAQS. See Commonwealth of Kentucky et al. v. EPA et al., No. 24-1050 (D.C. Cir. Mar. 6, 2024). The industry groups and states claimed that EPA acted in a manner contrary to law by improperly undertaking a discretionary, non-statutory reconsideration of the PM2.5 NAAQS, rather than a statutorily-mandated review under CAA § 109(d) (i.e., five-year review), and failing to adequately consider all required and relevant factors, including costs, in making its decision. Oral argument was held on December 16, 2024. Most recently, on February 25, 2025, the D.C. Circuit granted EPA’s motion to hold the case in abeyance for 60 days to allow new EPA leadership to review the PM2.5 NAAQS.

Reconsideration of PM2.5 NAAQS

In connection with the agency’s March 12, 2025, announcement to reconsider the PM2.5 NAAQS, EPA Administrator Zeldin noted that the previous administration’s PM2.5 NAAQS raised serious concerns from states and served as a major obstacle to permitting. “Under President Trump, we will ensure air quality standards for particulate matter are protective of human health and the environment while we unleash the Golden Age of American prosperity,” said Zeldin. It is important to note that any attempt by EPA to revise the previous administration’s PM2.5 NAAQS will be subject to the formal rulemaking process, including notice and comment periods.

In addition to a reconsideration of the PM2.5 NAAQS, EPA announced that “it will soon release guidance to increase flexibility on NAAQS implementation, reforms to New Source Review, and direction on permitting obligations.”

Stay tuned for further developments. Liskow will be monitoring and covering further actions regarding the new administration’s reconsideration of the PM2.5 NAAQS on Liskow’s The Louisiana Industrial Insights Hub. For more information on industry impacts and opportunities arising under the new administration, please contact Liskow attorneys Greg Johnson, Clare Bienvenu, and Colin North.

1One of EPA’s 31 historic deregulatory actions includes a reconsideration of its Exceptional Events Rule.

FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and Persons

less than a minute

FinCEN announced an interim final rule on March 21, 2025 that removes both United States companies, regardless of ownership,  and United States persons from the definition of Reporting Companies required to file a Corporate Transparency Act Beneficial Ownership Information (“BOI”) Report . Under the new rule, “Reporting Company” means only those entities “that are formed under the law of a foreign country and that have registered to do business in any U.S. State or Tribal jurisdiction by the filing of a document with a secretary of state or similar office.” Entities previously known as “domestic reporting companies” no longer have to file a BOI Report.

For foreign reporting companies, entities will no longer be required to report on information about  U.S. persons who are  beneficial owners and U.S. persons will not be required to report BOI with respect to any such entity for which they are a beneficial owner. Once the rule is published, foreign entities will be required to file their report as follows:

  • Reporting companies registered to do business in the United States before the date of publication of the interim final rule must file BOI reports no later than 30 days from that date.
  • Reporting companies registered to do business in the United States on or after the date of publication of the interim final rule have 30 calendar days to file an initial BOI report after receiving notice that their registration is effective.

FinCEN plans to accept comments on the interim final rule and publish later this year. We will provide further updates about the status of the BOI reporting deadline as they become available. For further questions regarding the update, contact Liskow attorneys Leon Rittenberg III, Julie Chauvin, Marilyn Maloney, Caroline Lafourcade , John Rouchell or Kevin Naccari, Jr. and visit our Tax Practice page.

FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and Persons

2 minute read

FinCEN announced an interim final rule on March 21, 2025 that removes both United States companies, regardless of ownership,  and United States persons from the definition of Reporting Companies required to file a Corporate Transparency Act Beneficial Ownership Information (“BOI”) Report . Under the new rule, “Reporting Company” means only those entities “that are formed under the law of a foreign country and that have registered to do business in any U.S. State or Tribal jurisdiction by the filing of a document with a secretary of state or similar office.” Entities previously known as “domestic reporting companies” no longer have to file a BOI Report.

For foreign reporting companies, entities will no longer be required to report on information about  U.S. persons who are  beneficial owners and U.S. persons will not be required to report BOI with respect to any such entity for which they are a beneficial owner. Once the rule is published, foreign entities will be required to file their report as follows:

  • Reporting companies registered to do business in the United States before the date of publication of the interim final rule must file BOI reports no later than 30 days from that date.
  • Reporting companies registered to do business in the United States on or after the date of publication of the interim final rule have 30 calendar days to file an initial BOI report after receiving notice that their registration is effective.

FinCEN plans to accept comments on the interim final rule and publish later this year. We will provide further updates about the status of the BOI reporting deadline as they become available. For further questions regarding the update, contact Liskow attorneys Leon Rittenberg III, Julie Chauvin, Marilyn Maloney, Caroline Lafourcade , John Rouchell or Kevin Naccari, Jr. and visit our Tax Practice page.

Louisiana State and Local Tax Update – March 29th Ballot on Constitutional Amendments to Proceed

less than a minute

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Among other substantive changes, the amendment would remove the cap that limits how much in severance tax revenue local governments can receive from the state for oil, gas and other mineral activity on their lands.  The amendment also would require a portion of the money generated from the severance tax on certain types of brine to be paid to parishes.

While folks at the Capitol are focused on the March 29th ballot, Louisiana taxpayers should expect the Legislature to revisit some of the measures that were enacted during last year’s special session in the upcoming fiscal session which starts in April.

Lawmakers are expected to make an attempt to lower severance taxes on oil. Currently, the state’s horizontal well exemption spares much of the natural gas production from taxation; limiting that exemption could allow the Legislature to pay for a lower rate on oil.  

Read the full post on Liskow’s Gulf Coast Business Law Blog here.

Louisiana State and Local Tax Update – March 29th Ballot on Constitutional Amendments to Proceed

less than a minute

Featured Image

 

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Among other substantive changes, the amendment would remove the cap that limits how much in severance tax revenue local governments can receive from the state for oil, gas and other mineral activity on their lands.  The amendment also would require a portion of the money generated from the severance tax on certain types of brine to be paid to parishes.

While folks at the Capitol are focused on the March 29th ballot, Louisiana taxpayers should expect the Legislature to revisit some of the measures that were enacted during last year’s special session in the upcoming fiscal session which starts in April.

Lawmakers are expected to make an attempt to lower severance taxes on oil. Currently, the state’s horizontal well exemption spares much of the natural gas production from taxation; limiting that exemption could allow the Legislature to pay for a lower rate on oil.  

Read the full post on Liskow’s Gulf Coast Business Law Blog here.

Louisiana State and Local Tax Update – March 29th Ballot on Constitutional Amendments to Proceed

2 minute read

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Amendment 2, one of four amendments voters across the state are considering on the March 29th ballot, would make changes to provisions of the state constitution that govern taxes and government spending.  The other amendments involve debt payments, specialized courts, juvenile crime and vacancies in judgeships.

The four amendments were passed by lawmakers in a special legislative session in November. The House and Senate created a special statewide election to consider these amendments. Each proposal had to receive a two-third favorable vote in the House and Senate to reach the ballot. Now, each amendment needs a majority vote at the polls to get enacted.

While folks at the Capitol are focused on the March 29th ballot, Louisiana taxpayers should expect the Legislature to revisit some of the measures that were enacted during last year’s special session in the upcoming fiscal session which starts in April.

One item expected to be addressed in a cleanup bill will be reinstating vendor compensation, which is the cut of sales taxes that businesses get to keep, for local sales tax collections. In addition, lawmakers plan to clarify that K-12 schools and nonprofits don’t have to collect sales taxes for sports tickets and events, an issue Revenue Secretary Richard Nelson addressed in Revenue Information Bulletin No. 25-009 earlier this year. 

It is also expected that the Legislature will reconsider the incentives the state is offering to entice local governments to forgo charging the inventory tax, an option the locals will have if the amendment passes. Lawmakers approved upfront payments for parishes, based on how much inventory tax they collect, but failed to include totals collected at the municipal level.   If Amendment 2 passes, some dollars that have been flowing into two state trust funds will be available for general spending. It has been suggested by legislators that some of that money could be used to enhance payments to local governments that choose to give up inventory taxes. 

Secretary Nelson has noted that there might be some appetite for a “limited services sales tax bill” although the move to expand the sales tax base to include more services was controversial. 

Lawmakers are also expected to make an attempt to lower severance taxes on oil. Currently, the state’s horizontal well exemption spares much of the natural gas production from taxation; limiting that exemption could allow the Legislature to pay for a lower rate on oil.  

If Amendment 2 passes on March 29th, enacting a new exemption, exclusion, deduction, credit or rebate will take a two-thirds vote, rather than a simple majority in the Legislature.

For further questions regarding this update, contact Liskow attorneys Bob Angelico, Caroline Lafourcade, and Kevin Naccari, Jr., and visit our Tax practice page.

Louisiana State and Local Tax Update – March 29th Ballot on Constitutional Amendments to Proceed

2 minute read

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Amendment 2, one of four amendments voters across the state are considering on the March 29th ballot, would make changes to provisions of the state constitution that govern taxes and government spending.  The other amendments involve debt payments, specialized courts, juvenile crime and vacancies in judgeships.

The four amendments were passed by lawmakers in a special legislative session in November. The House and Senate created a special statewide election to consider these amendments. Each proposal had to receive a two-third favorable vote in the House and Senate to reach the ballot. Now, each amendment needs a majority vote at the polls to get enacted.

While folks at the Capitol are focused on the March 29th ballot, Louisiana taxpayers should expect the Legislature to revisit some of the measures that were enacted during last year’s special session in the upcoming fiscal session which starts in April.

One item expected to be addressed in a cleanup bill will be reinstating vendor compensation, which is the cut of sales taxes that businesses get to keep, for local sales tax collections. In addition, lawmakers plan to clarify that K-12 schools and nonprofits don’t have to collect sales taxes for sports tickets and events, an issue Revenue Secretary Richard Nelson addressed in Revenue Information Bulletin No. 25-009 earlier this year. 

It is also expected that the Legislature will reconsider the incentives the state is offering to entice local governments to forgo charging the inventory tax, an option the locals will have if the amendment passes. Lawmakers approved upfront payments for parishes, based on how much inventory tax they collect, but failed to include totals collected at the municipal level.   If Amendment 2 passes, some dollars that have been flowing into two state trust funds will be available for general spending. It has been suggested by legislators that some of that money could be used to enhance payments to local governments that choose to give up inventory taxes. 

Secretary Nelson has noted that there might be some appetite for a “limited services sales tax bill” although the move to expand the sales tax base to include more services was controversial. 

Lawmakers are also expected to make an attempt to lower severance taxes on oil. Currently, the state’s horizontal well exemption spares much of the natural gas production from taxation; limiting that exemption could allow the Legislature to pay for a lower rate on oil.  

If Amendment 2 passes on March 29th, enacting a new exemption, exclusion, deduction, credit or rebate will take a two-thirds vote, rather than a simple majority in the Legislature.

For further questions regarding this update, contact Liskow attorneys Bob Angelico, Caroline Lafourcade, and Kevin Naccari, Jr., and visit our Tax practice page.

Louisiana State and Local Tax Update – March 29th Ballot on Constitutional Amendments to Proceed

less than a minute

Featured Image

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Among other substantive changes, the amendment would remove the cap that limits how much in severance tax revenue local governments can receive from the state for oil, gas and other mineral activity on their lands.  The amendment also would require a portion of the money generated from the severance tax on certain types of brine to be paid to parishes.

While folks at the Capitol are focused on the March 29th ballot, Louisiana taxpayers should expect the Legislature to revisit some of the measures that were enacted during last year’s special session in the upcoming fiscal session which starts in April.

Lawmakers are expected to make an attempt to lower severance taxes on oil. Currently, the state’s horizontal well exemption spares much of the natural gas production from taxation; limiting that exemption could allow the Legislature to pay for a lower rate on oil.  

Read the full post on Liskow’s Gulf Coast Business Law Blog here.

EPA Announces 31 Historic Actions Publicized as “Greatest Day of Deregulation Our Nation Has Seen”

3 minute read

On March 12, 2025, EPA Administrator Zeldin announced that the agency will undertake 31 deregulatory actions to advance President Trump’s Day One executive orders and EPA’s “Powering the Great American Comeback.” Below is a list of the actions with hyperlinks that include background information and additional detail on the specific action:

UNLEASHING AMERICAN ENERGY  

LOWERING THE COST OF LIVING FOR AMERICAN FAMILIES 

ADVANCING COOPERATIVE FEDERALISM  

Many of these actions target promulgated regulations, so any effort to revise them will be subject to the formal rulemaking process, including notice and comment periods, and will likely face legal challenges. Industry should remain alert for developments associated with these actions. Liskow will be monitoring and covering further actions regarding the new administration’s deregulatory push on Liskow’s The Louisiana Industrial Insights Hub. For more information on industry impacts and opportunities arising under the new administration, please contact Liskow attorneys Greg Johnson, Clare Bienvenu, and Colin North.

EPA Announces 31 Historic Actions Publicized as “Greatest Day of Deregulation Our Nation Has Seen”

3 minute read

Featured Image

 

On March 12, 2025, EPA Administrator Zeldin announced that the agency will undertake 31 deregulatory actions to advance President Trump’s Day One executive orders and EPA’s “Powering the Great American Comeback.” Below is a list of the actions with hyperlinks that include background information and additional detail on the specific action:

UNLEASHING AMERICAN ENERGY  

LOWERING THE COST OF LIVING FOR AMERICAN FAMILIES 

ADVANCING COOPERATIVE FEDERALISM  

Many of these actions target promulgated regulations, so any effort to revise them will be subject to the formal rulemaking process, including notice and comment periods, and will likely face legal challenges. Industry should remain alert for developments associated with these actions. Liskow will be monitoring and covering further actions regarding the new administration’s deregulatory push on Liskow’s The Louisiana Industrial Insights Hub. For more information on industry impacts and opportunities arising under the new administration, please contact Liskow attorneys Greg Johnson, Clare Bienvenu, and Colin North.