The Council on Environmental Quality (CEQ) recently issued a Notice of Proposed Rulemaking (NOPR) as part of Phase II of the National Environmental Policy Act (NEPA) rulemaking process. This new proposal is known as the “Bipartisan Permitting Reform Implementation Rule” also referred to as the “NEPA Phase II NOPR”. The legal firm, Akin Gump Strauss…
The roles of Environmental, Social, and Governance (ESG) and Diversity, Equity, and Inclusion (DEI) have emerged as pivotal issues in the world of corporate compliance. A not-to-be-missed session at the SCCE 22nd Annual Compliance & Ethics Institute will be “ESG and DEI: How to Position for Stakeholder Success”. Leading this discussion is a panel of…
In the ever-evolving business environment, companies and legal professionals alike must stay updated with emerging regulatory frameworks impacting their strategy. As the financial community begins to grapple with the Task Force on Climate-related Financial Disclosures (TCFD), attention now turns to another emerging entity: The Taskforce on Nature-related Financial Disclosures (TNFD). The TNFD provides a framework…
The U.S. Environmental Protection Agency (EPA) has announced the launch of a new webinar series. This initiative is a result of their partnership with the PETA Science Consortium International (PSCI), Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR). According to JDSupra, these quarterly webinars will center on the use…
On April 17, New Jersey’s Department of Environmental Protection (NJDEP) finalized its Environmental Justice rules (EJ Rules), following the state’s pioneering Environmental Justice Law (EJ Law) that was enacted in September 2020 (N.J.S.A. 13:1D-157 et seq.), laying the groundwork for a framework strengthening protections for communities disproportionately burdened by environmental contamination. According to the publication…
As the legal landscape shifts to address climate change, new legal frameworks are coming into existence. Last year, the Department of Interior (DOI) revised an estimate which showed a significant increase in the number of orphaned or abandoned wells throughout the United States, documenting 130,000 – up from less than half its previous count. The…
The seven-year legal tug-of-war surrounding Monterey County’s Measure Z has finally reached its conclusion. Measure Z, a voter initiative launched in 2016 by the people of Monterey County, California, played a crucial role in shaping the fate of oil and gas operations within the county. In its original form, Measure Z imposed two significant restrictions…
On August 3, 2023, the Federal Acquisition Regulation (FAR) Council moved to clarify and streamline existing environmental regulations with a proposed “Sustainable Procurement” rule. Presented as an effort to enhance organization and lucidity within the sector’s normative landscape, the rule seeks to fundamentally rearrange FAR Part 23, transferring elements unrelated to sustainability or material safety…
Recent developments showcase the diligence of the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) in upholding environmental regulations. A consent administrative order (“CAO”) has been finalized between the DEQ and Samsand, LLC (“Samsand”). The CAO, as issued on June 8th, addresses allegations of violation of air permit LIS No. 23-042….
The Alabama Department of Environmental Management (“ADEM”) and Solutia, Inc. (“SI”) have come to a mutual agreement in the form of a Consent Order (CO), dated July 12th, addressing an alleged air permit violation. The alleged infringement involves SI’s chemical manufacturing facility based in Anniston, Alabama. Consent orders are legally binding agreements between two parties…
In the world of corporate law, July 2023 saw quite a number of substantial regulatory developments, particularly with respect to Environmental, Social, and Governance (ESG) factors. The most significant was the European Commission’s adoption of the Commission Delegated Regulation. This introduced the initial set of European Sustainability Reporting Standards (ESRS), alongside a related Q&A as…
The Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) of the United States issued a report titled: The EPA Should Determine What Interim Actions Can Be Taken to Immediately Notify the Public When Lead in Drinking Water Exceeds the Agency’s Action Level. This was disseminated on July 20th, raising serious implications for public health…
On July 31, 2024, the Council on Environmental Quality (CEQ) shared their plans for the Phase 2 of the National Environmental Policy Act (NEPA) regulations. This so-called Bipartisan Permitting Reform Implementation Rule (BPRIR) signals a new stage in American environmental policy, aiming to bolster public engagement and accelerate clean energy projects. According to the details…
The European Union (EU) has recently published a major development in its legislative framework – the new Batteries Regulation. This regulation, which was officially made public on July 28, 2023, has been in the pipeline since its first introduction by the EU Commission back in late 2020. The Batteries Regulation has been the subject of…
In the ever-varying tapestry of Florida’s commercial real estate (CRE) market, the ascent of pickleball has notably emerged as a driving trend. This intriguing transformation from a casual pastime to a formidable investment opportunity is arresting attention, reshaping the CRE terrain and prompting substantial changes in property acquisition and development strategies throughout the state. However,…
The U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued a report on August 2, 2023, critiquing the lack of structured guidance within the New Chemicals Program, which it contends affects the EPA’s ability to consistently and transparently make decisions. Read the detailed account here. The Inspector General’s report articulates that the EPA’s…
In a recent legal development, the U.S. District Court, Eastern District Wisconsin, passed an Order on July 27th, examining a request by the United States Department of Justice (DOJ) acting on behalf of the United States Environmental Protection Agency (EPA). This request put forth a demand for entry of a consent decree with Container Life…
In a recent update that could have significant implications for corporations and law firms dealing with environmental law, the Massachusetts Brownfields Tax Credits Program has been extended for an additional five years. The announcement came after Governor Maura Healy signed legislation extending the eligibility deadlines for the program. Introduced as part of a budget bill…
The Biden administration has proposed a series of significant changes to the regulations implementing the National Environmental Policy Act (NEPA). These changes have been stimulated in part by the ongoing energy transition and increased public focus on environmental issues, which have put considerable strain on the existing regulatory framework. The NEPA, as it currently stands,…
The United States Department of Justice (DOJ) and Globe Metallurgical, Inc. (GMI) have entered into a Consent Decree (CD) in the United States District Court (Southern District of Ohio) addressing alleged violations of the Clean Air Act. This agreement was reached in relation to GMI’s ferroalloy production facility located in Beverly, Ohio, as reported in…
On July 23, 2023, the Federal Energy Regulatory Commission (FERC) revealed Order No. 2023, directing its intent to enhance the interconnection of new generation and energy storage projects to the nation’s transmission network. According to JD Supra, many eyed the Order as a significant marker in the journey toward electricity decarbonization. Historically, the process of…
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jet Asphalt & Rock Co., Inc., (“Jet”) have recently entered into a Consent Administrative Order (“CAO”) to address an alleged violation of an air permit. LIS No. 23-047 lays the groundwork for the agreement. The CAO contains pertinent information that Jet…
On July 12, 2023, the U.S. Environmental Protection Agency (EPA) decided the applicable volumes and percentage standards for renewable fuel types ranging from 2023 to 2025, as outlined in the final rule 88 Fed. Reg. 44468. The rule applies to cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel. Furthermore, the rule also…
In the legal world, where definitions often heavily influence court decisions, a recent case brought forward a question of considerable significance: What constitutes a “new” facility under the Clean Air Act (CAA)? The case in point involved the Port Hamilton Refining and Transportation LLP, which operates a refinery in St. Croix, USVI. The refinery had…
The Financial Conduct Authority (FCA), the UK’s financial markets regulator, released a detailed summary of its concerns related to the sustainability-linked loans (SLLs) market on June 29, 2023. This move comes in the wake of concerns mounting over banks overstating their participation in green financing, or what is known as “greenwashing”, which may falsely represent…