California’s Advanced Clean Fleet Rules Make Strides in Zero-Emission Heavy-Duty Trucks Adoption

In recent environmental policy developments, California continues to push forward with its ambitious Advanced Clean Fleet rules. A major milestone is fast approaching, signalling the state’s tenacious commitment to encouraging the manufacture and wide adoption of zero-emission, heavy-duty trucks. This landmark deal with truck manufacturers, spearheaded by California, represents a significant stride in environmental regulation…

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Missouri Air Regulations: Liberty Aggregates Faces AOC Over Alleged Violations

In a recent development regarding air enforcement, the Missouri Department of Natural Resources (“MDNR”) and Liberty Aggregates, LLC, (“Liberty”) have entered into an Administrative Order on Consent (“AOC”). This consent agreement has been established in response to alleged violations of the Missouri Air Regulations, which have ignited considerable discussions within legal circles. JDSupra provided insights…

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Sixth Circuit Court Upholds OSHA’s Rule-Making Authority, Rejects Nondelegation Doctrine Challenge

In a significant development in constitutional law, the Sixth Circuit Court recently rejected a constitutional challenge claiming that the Occupational Safety and Health Administration’s (OSHA) rule-making authority is overly broad and undermines the power of Congress. The case highlighted the controversial nondelegation doctrine, a concept frequently cited by conservative legal scholars as a method to…

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Ontario Unveils Clean Energy Roadmap for Sustainable Economic Growth

In July 2023, Ontario’s Ministry of Energy released a roadmap outlining its strategy for acquiring and maintaining the electric resources necessary to meet the province’s growing electricity demand. The comprehensive 84-page document, titled “Powering Growth: Ontario’s Plan for a Clean Energy Future,” (“the Plan”), outlines the region’s strategy for implementing production, storage, and transport infrastructures…

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Fifth Circuit Nullifies NRC License for Private Spent Nuclear Fuel Storage: Implications and Future Challenges

In a significant judgement on August 25, 2023, the U.S. Court of Appeals for the Fifth Circuit nullified the U.S. Nuclear Regulatory Commission’s (NRC) license issued to Interim Storage Partners, LLC (ISP) for its temporary spent nuclear fuel storage facility in Texas. Familiarly referred to as a Consolidated Interim Storage Facility (CISF), the court found…

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Brazilian Environmental Law Update: The Path to ESG and Sustainability Progress

Brazil has been at the forefront of regulatory initiatives shaping its ecological framework, with numerous subjects from financial responsibility to the regulation of carbon markets occupying its legislative agenda. A recent article in JDSupra provides an in-depth exploration of these timely subjects. One of the dominant themes in the Brazilian environmental law update corresponds to…

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Reassessing Clean Water Act Ambiguity: Congress’ Role in Shaping WOTUS Definitions and Environmental Regulations

The complexities of environmental legislation are often a considerable source of contention among lawmakers, particularly regarding EPA’s definitions of the Waters of the United States (WOTUS). This ongoing debate finds many arguing that Congress should take a more active role in providing clear definitions. As highlighted in a comprehensive report by Sam Hess, featured in…

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Examining PFAS Presence: How Straw Material Choices Impact Health and Legal Implications

A recent study published by the Food Additives & Contaminants: Part A journal, an affiliated journal of the International Society for Mycotoxicology, may alter how legal professionals and others perceive the use of different types of straws for drinking. The study, titled “Steel Beats Glass and Plastic, All Beat Paper:” investigates the prevalence of Per-…

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EPA and Corps of Engineers Revise WOTUS Definition, Impacting Environmental Law Landscape

An important development for environmental law professionals, the United States Environmental Protection Agency (EPA) and the United States Corps of Engineers have issued a pre-Federal Register publication final rule on August 29th revising the definition of ‘waters of the United States’ (‘WOTUS’) under the Clean Water Act. This rule is a response to the United…

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Aeroseal Secures $67 Million in Series B Funding, Highlighting Private Sector’s Role in Climate Action

In a recent development that suggests increasing buy-in into sustainability efforts, climate-tech firm Aeroseal managed to secure $67 million in its Series B funding round. Given the magnitude of challenges associated with climate change, this investment marks a significant stride in reaffirming the substantial role that private enterprises can play in reducing carbon emissions. Mintz…

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Proposed Legislation Unveils Investment Tax Credits for Renewable Energy Sector

On August 4, 2023, the Department of Finance released the draft of a significant piece of legislation containing several previously announced investment tax credits. The focus of these credits is primarily the renewable and clean energy sectors. The document, which has been coined as the ‘Proposed Legislation’, features comprehensive regulations and changes pertaining to green…

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Navigating the Electrification of Transportation: Public Entities’ Evolving Role and Legal Implications

The future of the automotive and manufacturing industry is set to be electric. However, keep in mind that the electrification of the industry does not solely involve automobile manufacturers and their supply chains – there’s an increasing involvement of public entities as well. As indicated by a recent analysis by Clark Hill PLC, the electrification…

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Navigating the Complexities of WOTUS Rule Amendments: Implications for Environmental Compliance and Development

On August 29, 2023, important amendments were made to the definition of ‘water of the United States’ (WOTUS), which were released by the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps). The redefinition of WOTUS significantly reduces the authority of these bodies to enforce permits for developmental activities or work in certain water…

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Ontario Unveils Clean Energy Future Plan Amid Rising Electricity Demand

In July 2023, Ontario’s Ministry of Energy unveiled its blueprint for the procurement and conservation of the electricity resources required to meet rising demand in the province. Titled “Powering Ontario’s Growth: Ontario’s Plan for a Clean Energy Future,” this 84-page document details the province’s strategy to construct clean electricity generation, storage, and transmission infrastructure. This…

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California’s Climate Accountability Initiative: Impending Legislation May Transform Business Landscape

Climate change is increasingly shaping legislation and, as such, impacting businesses on a global scale. In California, a significant development is unfolding. A confidential committee within the state’s legislature is anticipated to move forward this week on two Senate bills packaged as part of the Democrats’ Climate Accountability initiative, introduced earlier this session. This powerful…

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ISS Annual Benchmark Policy Survey: Crucial Insights for Corporate Governance and ESG Standards in 2024

Institutional Shareholder Services Inc. (ISS) announced on August 29, 2023, the initiation of its Annual Benchmark Policy Survey, a routine yet vital enterprise in shaping ISS’s policy development for the forthcoming years. The announcement was reported by JD Supra. Despite the minimal available information for the time being, it is implicit that the results collated…

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EPA Announces Federal Enforcement Priorities for 2024-2027: Implications for Corporations and Legal Professionals

The U.S. Environmental Protection Agency (EPA) has recently announced its federal enforcement priorities for the years 2024 to 2027. This crucial development comes as a decision made on the heels of confirming the U.S. EPA’s assistant administrator within the Office of Enforcement and Compliance Assurance. Every four years, the U.S. EPA selects its National Enforcement…

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Data Storage’s Hidden Carbon Footprint: The Environmental Impact Companies Cannot Ignore

As summer temperatures surge and so-called ‘heat dome’ weather phenomena become more frequent, increasing environmental concerns are pushing corporations to reevaluate their carbon footprints. Much of the discourse around this issue is not novel – we’re familiar with the calls to drive less, recycle more, and curb our consumption of plastics. However, an often-overlooked contributor…

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