In a landmark scenario that could set precedent for future environmental legal cases, California witnessed the first appellate case in the country regarding the matter of the state versus the federal environmental regulation. A ruling by the Ninth Circuit Court of Appeals on Monday requires San Francisco city and county to adhere to limits set…
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a final rule set to impact the way sources maneuver around liability for permit violations via an “emergency” under Title V of the Clean Air Act. This new regulation is anticipated to make it more difficult for such situations to be considered, constraining the…
On July 10, Governor Gavin Newsom enacted an expansive streamlining plan that serves to reform the California Environmental Quality Act (CEQA) immensely. The plan includes the signing of five CEQA reform bills—SB 145, 146, 147, 149, and 150—an act that the Governor’s office has synonymously characterized as “the state’s most ambitious permitting and project review…
The potentially harmful consequences of Per- and Polyfluoroalkyl Substances (PFAS) have become a hot topic of discussion among environmentalists and legal professionals. The PFAS Emerging Contaminants Handbook by law firm Steptoe & Johnson PLLC offers a comprehensive analysis surrounding the disturbing aspects of PFAS chemicals and their effects on our environment. Akin to many substances…
In a definitive move towards renewable energy, after an extended legal battle, the Oregon Energy Facility Siting Council (EFSC) has approved a site certificate for the Nolin Hills renewable energy facility. Approval of this important project ultimately speaks to the growing significance of renewable wind energy in Oregon and beyond. To give a bit more…
California, bearing a strong economy likened to global powerhouses, has consistently proven its ambition in environmental legislation. Among these, the SB 54 – an extended producer responsibility (EPR) law that imposes source reduction and recycling requirements for single-use packaging and plastic food service ware – undeniably stands out. While it is inarguably a key piece…
The U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) have jointly announced the creation of a regional, cross-agency taskforce focused on environmental crimes in Puerto Rico and the U.S. Virgin Islands. This new task force signifies a growing trend of legal attention being levied on environmental regulation violations by businesses, a…
On May 5, 2023, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed significant changes to the federal safety requirements for pipeline and liquefied natural gas (LNG) facilities. The notice of proposed rulemaking, dubbed “Pipeline Safety: Gas Pipeline Leak Detection and Repair” (NPRM), offers regulatory amendments to the existing requirements under…
The Sierra Club, along with two other environmental organizations, recently challenged the U.S. Fish and Wildlife Service after accusing it of failing to adequately protect wildlife within the National Wildlife Refuge System. The accusation, which came in the form of a Complaint for Declaratory and Injunctive Relief, was filed in the United States District Court…
The United States Environmental Protection Agency (EPA) recently proposed significant revisions to the greenhouse gas reporting requirements, particularly applicable to Subpart W, as reported by JD Supra. This comes as part of a broader move to expand the mandate of the Greenhouse Gas Reporting Program (GHGRP), initially launched by the EPA in 2009. Originally, the…
In recent news, regulatory decisions by state and federal regulators continue to provoke significant impacts across The United States. One major focus in this arena lies within a clash between Republican and Democratic Attorneys General (AGs) regarding plastic pollution prevention. Such disputes reflect the highly political nature of environmental regulation and the divergent approaches towards…
Protests erupted in Belém, Brazil this past Sunday, coinciding with a Brazilian government environmental conference titled The Amazonian Dialogues. The focal point of the demonstrations were against Petrobras, the Brazilian state oil company’s proposal to begin offshore drilling near the mouth of the Amazon River. This proposed project would be in the deep waters off…
The European Securities and Markets Authority (ESMA) recently issued a statement on sustainability disclosures in prospectuses under the EU Prospectus Regulation. Although the statement is primarily directed at EU National Competent Authorities (NCAs), ESMA explicitly states that the content should be considered by issuers and advisors during the preparation of prospectuses containing sustainability-related disclosures. The…
On July 31, 2023, the White House Council on Environmental Quality (CEQ) signaled its intent to recast its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. This move is evidence of an increasingly fluctuating Federal environmental policy disposition, as it marks a second attempt at an overhaul after CEQ’s original regulations…
In an attempt to expedite the process of setting up new renewable power facilities, the Council on Environmental Quality (CEQ) under the White House’s guidance has suggested a new regulation. The United States is taking steady strides towards decarbonizing its energy mix, and this proposal comes as part of that vision. The proposed rule aims…
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) issued a significant update on July 27, 2023, revealing the release of new technical reports and case studies carried out by its Feedstock-Conversion Interface Consortium (FCIC). Eight comprehensive research documents were published, offering in-depth examinations of a variety of feedstock characteristics and processing techniques. This…
The recent Mining Reform in Mexico has placed new obligations on mining concessionaires. Among these obligations, one of the most significant is the requirement to request a change of water use from the National Water Commission. This change in the Titles of Concession of National Waters must go from “industrial” to “industrial in mining”. Notably,…
This week has seen noteworthy developments in the world of government contracting and commercial businesses, especially for legal professionals who closely watch policy changes and updates. A highlight of the week involves an on-going legislative effort that would significantly update the current Federal Acquisition Regulation (FAR). This initiative is spearheaded by the Department of Defense,…
Good news for our readers who follow global environmental affairs. The weekly Climate Policy Update published this August by Akin Gump Strauss Hauer & Feld LLP is hot off the presses. This comprehensive update tracks changes in climate policy and offers insight into major environmental headlines that took place last week. Akin Gump Strauss Hauer…
In a move that is vital for legal professionals working in large corporations and law firms, particularly those concentrating in environmental and property law, the U.S. Supreme Court released an order that directly impacts the construction of energy pipelines across the country. The order, issued on July 27, nullified the U.S. Court of Appeals for…
In a recent development, the U.S. Geological Survey has raised alarms over the quality and sustainability of tap water in the United States. This study mentions that up to 45 percent of the water supply could possibly be contaminated with Per- and polyfluoroalkyl substances, also known as PFAS. Motivations behind the research include rising domestic…
In line with global efforts being made towards addressing climate change issues, Boston Mayor Michelle Wu, on July 31, 2023, has signed an executive order prohibiting the utilization of fossil fuels in new constructions and significant renovations of city-owned buildings. The news comes as an important step in diminishing the city’s carbon emissions despite the…
The United States Department of Justice (DOJ) has entered into a consent decree with Upstate Shredding, LLC (“Upstate”) and Weitsman Shredding, LLC (“Weitsman”). The agreement addresses an alleged violation of an air permit by the two shredding facilities located in Owego, New York. The consent decree was entered in the United States District Court for…
The heated debate concerning the preservation of endangered species has taken a new turn with particular focus on the Oregon spotted frog. The cost attached to saving this species is staggering; approximately $2.7 billion over a span of 40 years to be exact, according to a report by Greenwire (subscription required). This cause may seem…
In an effort to combat biodiversity loss and promote environmentally conscientious practices within the industry, the Association of British Insurers (ABI) has released guidance for its members, referred to as the Action on Nature Guide. The aim of this material is to encourage insurers and long-term savings providers to become more “nature positive.” This recent…