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…
In a significant advancement to Maine’s commitment to renewable energy, Governor Janet Mills has signed into law “An Act Regarding the Procurement of Energy from Offshore Wind Resources”. The legislation is set to gear up the responsible development of a mighty three gigawatts of offshore wind power in the Gulf of Maine by 2040. The…
The Federal Trade Commission (FTC) is delving deeper into the issue of greenwashing – a trend that has seen an influx with the rise in consumer awareness about climate change and the implications of the goods and services they purchase. There is a growing market for products flaunting their environmental, social, and governance (ESG) consciousness….
The Environmental Protection Agency (EPA) is under fire from Republican lawmakers, states, and industry groups for its perceived slow reaction to the Supreme Court’s decision in Sackett v. EPA. This ruling marked out the boundaries for what is considered “waters of the United States,” and the fallout has had significant ramifications for the Army Corps…
The Inflation Reduction Act, commonly known as the IRA, has instigated several tax credit incentives that pertain to considerable investments in energy projects. A key credit among these is the section 48C investment tax credit, also known as the 48C Credit. Initially offered through the American Recovery and Reinvestment Act of 2009, this tax credit…
Recent news reveal a twist in the tale of the PFAS settlement case between 3M Company and a plaintiff class of municipal public water suppliers. Following a report in June boasting of the proposed blockbuster $10 billion-$12 billion settlement, the deal now faces objections from a significant coalition of 22 U.S states, led by Massachusetts….
As legal professionals around the globe reflect on the first year of the Biden Administration, they must take into account the changes implemented in enforcement guidance and policy. These changes pertain not only to criminal self-disclosures but also the deference to state regulators. In a published report found on JD Supra , it becomes clear…