In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental RegulationFederal
Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?
Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC cannot assess civil penalties for securities…
Continue Reading Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased Space
The U.S. General Services Administration (GSA) recently initiated its Water Testing Modification Effort to assess and ensure the quality of drinking water in properties currently under lease with GSA. GSA…
Continue Reading GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased SpaceProposed Regulations under Section 6418 Transferability of Clean Energy Tax Credits
On June 14, 2023, the IRS released proposed and temporary regulations and additional guidance describing rules for eligible taxpayers to benefit from clean energy projects through selling any of the…
Continue Reading Proposed Regulations under Section 6418 Transferability of Clean Energy Tax CreditsProposed Regulations under Section 6417 Direct Pay for Clean Energy Tax Credits
On June 14, 2023, the IRS released proposed and temporary regulations and additional guidance describing rules for applicable taxpayers to benefit from clean energy projects through electing to receive direct…
Continue Reading Proposed Regulations under Section 6417 Direct Pay for Clean Energy Tax CreditsFederal Government Continues Efforts to Reform Colorado River Operations
The U.S. Department of Interior (DOI) is seeking public comments on new strategies to replace the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for…
Continue Reading Federal Government Continues Efforts to Reform Colorado River OperationsSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
The Federal Government’s Colorado River Rescue Efforts
The federal government recently has acted to address the effects of the “megadrought” in the western half of the United States. These steps include (1) allocation of historic funding amounts…
Continue Reading The Federal Government’s Colorado River Rescue EffortsUncertainty, No Guidance for Attorney-Client Privilege in Environmental Audits
A few weeks ago, the U.S. Supreme Court heard argument in a tax case about attorney-client privilege. See In re Grand Jury, No. 21-1397 (U.S. arg. Jan. 9, 2023).
Continue Reading Uncertainty, No Guidance for Attorney-Client Privilege in Environmental AuditsInflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, Standards
On Jan. 26, 2023, the Environmental Protection Agency (EPA) solicited public input to inform two new Inflation Reduction Act (IRA) programs creating standards and labeling for construction materials that have…
Continue Reading Inflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, Standards