FERC Implements Major Generator Interconnection Reforms to Tackle Backlogs and Boost Sustainability

In a major step towards streamlining the energy sector, the Federal Energy Regulatory Commission (FERC) has implemented significant generator interconnection reforms. Last month FERC approved Order No. 2023, a decision anticipated to alleviate nationwide interconnection backlogs. This key Order places new, strenuous requirements on transmission providers and interconnection customers alike, an aggressive approach designed to…

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Biochar Carbon Projects Market Poised to Triple by 2030, Boosting Sustainable Agriculture

In recent times, global interest has surged for biochar carbon projects, spurred by the drawn-out environmental significance and the potential for sustainable management of agricultural practices. According to a recent report, the thriving market is likely to escalate from its present value of $160 million to over $450 million by 2030. Biochar, a soil amendment,…

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Reviving Nuclear Power for Civilian Maritime: A Sustainable and Economically Viable Future

Despite the successful application of nuclear power for US military vessels since the 1950s, its adoption for civilian maritime purposes has never moved beyond a few experimental designs. This is largely due to concerns about safety and high initial capital costs. Recently however, innovations in nuclear technology, combined with an industry-wide push to declutter the…

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Insurers Grapple with Rising Liabilities from PFAS-Related Lawsuits

Per- and polyfluoroalkyl substances, more commonly referred to as PFAS, are increasingly resulting in major exposures for insurers and their policyholders. These substances, often dubbed ‘forever chemicals’ due to their persistence in the environment and the human body, are currently at the centre of thousands of pending lawsuits nationwide in the United States. Several large…

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OSHA Advances Proposed Standard for Heat Hazards in the Workplace

As the summer season of record heat continues, there is increasing conversation around heat-related phrases like “Excessive,” “Feels Like,” and “Heat Dome.” This discussion has refocused attention on the Occupation Safety and Health Administration’s (OSHA) efforts to maintain workers’ safety against heat hazards. Notably, OSHA has recently moved forward with a proposed standard designed to…

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OSHA Investigation Finds NDEQ Retaliation Against Whistleblower for Reporting Public Water Concerns

In a recent development, the Occupational Safety and Health Administration (OSHA) publicized the results of a whistleblower investigation related to North Dakota Department of Environmental Quality (NDEQ). This investigation was initiated following OSHA’s allegation that NDEQ retaliated against a staff environmental scientist who reported safety concerns about a public water system – both to the…

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EPA Proposes First Comprehensive Revisions to Clean Water Act’s Section 404 Regulations in 35 Years

The U.S. Environmental Protection Agency (EPA) has put forward a proposal to conduct comprehensive revisions to regulations that dictate how Tribes and States can take on the responsibility of administering the Clean Water Act’s (CWA’s) Section 404. This program handles permissive actions relating to the discharge of dredged and fill material into the waters of…

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Washington State Revamps Contaminated Site Cleanup Regulations with Emphasis on Environmental Justice

In a major regulatory shift, the Washington Department of Ecology (Ecology) has issued the first significant amendments to the contaminated site cleanup regulations, Chapter 173-340 WAC, under the Model Toxics Control Act (MTCA) in over two decades. The announcement comes subsequent to a prolonged rulemaking procedure lasting several years. The modifications put forward provide essential…

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ESG and Sustainability: Navigating Corporate Accountability Amid Regulatory Scrutiny in 2023

In the year 2023, the ever-rising focus on “Environmental, Social, and Governance” (ESG) and sustainability topics has evidently dominated the headlines. According to a recent update from Clark Hill’s Automotive & Manufacturing Industry Outlook, the attention of various stakeholders remains firmly rooted in these areas. Considering the escalating frequency with which the term “ESG” appears…

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IETA Unveils High-Level Criteria for Crediting Carbon Geostorage Activities

The International Emissions Trading Associate (IETA) has recently released its High Level Criteria for Crediting Carbon Geostorage Activities. This development, which follows a year-long consultation process that involved business stakeholders, experts, developers, investors, and others, impacts activities where carbon dioxide (CO2) reduction and removal activities are undertaken with the goal of developing tradable credits. This…

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Federal Landscape Report: Sustainable Chemistry Strategies for Policy and Environmental Solutions

On August 3, 2023, the Joint Subcommittee on Environment, Innovation, and Public Health Sustainable Chemistry Strategy Team (Sustainable Chemistry ST) of the National Science and Technology Council (NSTC) published a comprehensive legislation review collectively titled the Sustainable Chemistry Report: Framing the Federal Landscape. The publication of this report marks a significant event in the calendar…

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ADEM and Parker Hannifin Reach Consent Order Over Hazardous Waste Regulation Violations

The Alabama Department of Environmental Management (ADEM) and Parker Hannifin Corporation (PHC) have arrived at a Consent Order, a negotiated agreement to rectify alleged violations of the Department’s hazardous waste regulations. The agreement, marked official on July 19th, arrives after an investigative period detailing legal infractions by PHC, specifically its Boaz Instrument Fitting Manufacturing Facility…

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EPA’s Uncertainty on PFOA and PFOS Hazard Designation Raises Concerns for Legal Professionals

One of the most recent developments within the Environmental Protection Agency (EPA), and a matter of significant interest to legal professionals, involves the careful choice of language by the EPA’s Assistant Administrator, Uhlmann. Specifically, Uhlmann employed the word “if” in the context of the potential designation of PFOA and PFOS as hazardous substances. This tenderly…

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Santa Barbara County’s Agricultural Enterprise Ordinance: Balancing Growth and Environmental Concerns

The County of Santa Barbara is proposing an Agricultural Enterprise Ordinance that aims to expand the activities of farms and ranches, especially those located on all unincorporated lands zoned AG-II. For lands zoned AG-I, incidental food service at wine tasting rooms would be allowed. This expansion aims to benefit landowners by enabling them to conduct…

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Endangered Species Act and Clean Water Act: A Challenging Intersection Explored in Arizona Court Case

On August 18, the United States District Court for the District of Arizona addressed a challenging case connected with the Endangered Species Act (“ESA”) and Clean Water Act. The case involves an alleged violation by the United States Environmental Protection Agency (“EPA”) of the ESA. The Court’s decision may set vital precedents for future dealings…

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EPA Releases First-Round PFAS Sampling Data under UCMR 5: Legal and Safety Implications for Businesses

In a recent development, the U.S. Environmental Protection Agency (EPA) has released its first-round Per- and Polyfluoroalkyl Substances (PFAS) sampling data under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This news comes shortly after the recent compilation of the agency’s latest list of unregulated elements subject to surveillance by public water systems (PWSs) on…

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UN Committee Urges Protection of Children’s Rights in the Face of Climate Change

The United Nations (UN) Committee on the Rights of the Child recently published authoritative guidance concerning children’s rights with respect to the environment amidst growing concerns of climate change. The guidance entreats member states to promptly implement intervention measures that address the negative impacts of environmental degradation and protect children’s right to a clean and…

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Camp Lejeune Toxic Water Trials: Dueling Proposals Highlight Legal Complexities

The ongoing legal dispute over toxic waters at Camp Lejeune, North Carolina, has entered a significant stage as lawyers for the Justice Department and potential victims present conflicting proposals to manage the escalating number of lawsuits. The cases emanate from the allegations of over 93,000 former camp workers, veterans, and their relatives who contend that…

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