Tag Archives: Greenberg Traurig

Environmental Aspects of the United States-Mexico-Canada Commercial Agreement (USMCA)

The recent United States-Mexico-Canada Agreement (USMCA), which replaces the North American Free Trade Agreement (NAFTA), claims to modernize and reinforce obligations regarding environmental matters that were previously covered in NAFTA and by the Commission for Environmental Cooperation (CEC). This GT Alert summarizes some of the most important environmental aspects established by Chapter 24 of the … Continue Reading

Energy Label C Obligation for All Office Buildings in the Netherlands in 2023 (With Few Exceptions)

Introduction Beginning January 2023, energy labels of the major part of office buildings in the Netherlands will have to be at least in category C, because of an amendment to the Dutch Buildings Decree 2012 (Bouwbesluit 2012), published 2 November 2018. This generally means that owners of office buildings with energy labels from D to … Continue Reading

Constant Vigilance: Why Environmental Criminal Enforcement Still Matters

Jillian Kirn authored an article titled “Constant Vigilance: Why Environmental Criminal Enforcement Still Matters” in The Legal Intelligencer. According to Syracuse University’s Transactional Records Access Clearing House (TRAC), federal prosecutions for environmental crimes are down 40 percent from 2013 levels. Still, despite these recent declines, environmental criminal enforcement remains a potent regulatory tool. To read the … Continue Reading

Florida Appellate Court Reverses Class Certification in Commercial Fishing Action Arising From a 65-Million-Gallon Process Water Release Into Tampa Bay

In the summer of 2004, during Hurricane Frances, an industrial facility released approximately 65 million gallons of process water into Tampa Bay. A group of commercial fishermen promptly filed a putative class action. The class representatives alleged that the release damaged the natural habitat and adversely affected commercial fishing in and around Tampa Bay. At … Continue Reading

Recent Opinions Hold Differing Views on Point Source Discharges Into Waters

Kathleen Kline authored an article in The Legal Intelligencer titled “Recent Opinions Hold Differing Views on Point Source Discharges Into Waters.” The article explores two recent opinions from the U.S. Court of Appeals for the Sixth Circuit regarding the growing cacophony over Clean Water Act jurisdiction, both holding that the act does not regulate pollution that reaches surface … Continue Reading

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

On Oct. 1, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new Regional Emphasis Program (REP) to address hazards from exposure to fertilizer-grade ammonium nitrate (FGAN) and agricultural anhydrous ammonia. The REP will be effective in the states of Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, and Texas. It is aimed at … Continue Reading

It’s the Law: Don’t Sell Your Homebrew!

Homebrewing and drinking craft beer are both widely popular. Currently, there are more than 6,000 craft breweries in the U.S., and over 2,000 homebrew clubs. As brewing for fun and profit has become more widespread, the applicable legal framework has also developed – and compliance is just as important for hobbyists as for professionals. At … Continue Reading

Digital Platform – Sustainable Forest Development Law in Mexico

On Sept. 6, 2018, the Secretariat of Environment and Natural Resources (SEMARNAT), along with the Secretariat of Agriculture, Livestock, Rural Development, Fishery and Food (SAGARPA), published a new agreement establishing the digital information platform mandated in Article 24, Paragraph 3 of the Sustainable Forest Development Law (the Agreement). The agreement sets out the guidelines that … Continue Reading

Petroleum Price Visibility and Storage Tank Identification Guidelines for Gas Stations in Mexico

On Sept. 7, 2018, the Energy Regulatory Commission (ERC) published guidelines for petroleum price visibility and storage tank identification in service stations selling gasoline and diesel fuel to the public in the Official Gazette of the Federation (the Guidelines). The Guidelines repeal agreement number A/047/2017. The Guidelines went into effect Sept. 10, 2018, but licensed … Continue Reading

Another Major Step Towards a New Environment and Planning Act in the Netherlands

The Dutch government is working on a major overhaul of the statutory environmental framework in the Netherlands. In this context, four key environmental decrees (AMvBs) (the Decrees) were adopted and published in the Dutch Government Gazette on Aug. 31, 2018. The publication of the Decrees is part of a major and fundamental revision of practically … Continue Reading

Appellate Court Opens Door to Jury Trials in Proposition 65 Cases

The California Court of Appeal, First Appellate District (First District) recently reversed course on an important issue in the Proposition 65 world by indicating that a jury trial may be available to defendants in certain circumstances. The decision, Nationwide Biweekly Administration, Inc., et al., v. The Superior Court of Alameda County, Opinion, A150264, (June 13, … Continue Reading

Minimum Insurance Requirements for Regulated Entities in the Hydrocarbon Sector in Mexico

On July 23, 2018, Mexico published new administrative provisions (the “Guidelines”) implementing minimum insurance requirements for entities engaged in activities related to transportation, storage, distribution, compression, decompression, liquefaction, regasification, or retail sale of hydrocarbons or petroleum products in Mexico (“Regulated Entities”). The Guidelines will help Regulated Entities that carry out activities in the hydrocarbon sector … Continue Reading

Potential New Tools to Sue for a Faster Cleanup

Soil or groundwater cleanups can take a long time. When one person conducts the cleanup and another has an interest in its completion, the two can disagree over the pace of the project. That is typically a three-party issue involving the regulator—for example, the Environmental Protection Agency or the Department of Environmental Protection. Resolving the … Continue Reading

EPA Approves Renewable Fuels Produced from Sorghum Oil; Provides Additional Source of Revenue for Farmers in Wake of Chinese Tariffs

At a nationally-televised news conference July 24, 2018, EPA Acting Administrator Andrew Wheeler announced the approval of biofuels derived from sorghum oil as “advanced” renewable fuels under the Clean Air Act’s Renewable Fuel Standard (RFS) program. See Renewable Fuel Standard Program: Grain Sorghum Oil Pathway (Sorghum Rule) (July 24, 2018, pre-publication version). Wheeler called the … Continue Reading

New York State Finalizes Amendments to SEQRA Environmental Review Process, Eliminating A Number of Proposed Reforms Aimed at Streamlining the Process

In late June, the New York State Department of Environmental Conservation (DEC) promulgated long-awaited final revisions to its regulations detailing the standards and procedures for New York’s “Little NEPA” environmental quality review statute, the State Environmental Quality Review Act (SEQRA). This modest reform effort, which began with stakeholder outreach in 2012, will now govern all … Continue Reading

D.C. Circuit Issues Stay of the EPA’s Latest Effort To Ease Clean Air Act Requirements

On July 18, 2018, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ordered a stay of a recent Environmental Protection Agency (EPA) action that would allow manufacturers to continue to produce trucks with engines that do not comply with the agency’s Clean Air Act caps. In so ruling, … Continue Reading

Five Questions Likely to Flow From ‘Water-to-Water’ Cases

In two recent decisions, Hawai’i Wildlife Fund v. County of Maui and EQT Production v. Department of Environmental Protection, courts have considered the nuances of “water‐to-water theory” and what constitutes a single discharge. While these cases may seem particularly distinct, one decided in the U.S. Court of Appeals for the Ninth Circuit regarding discharges into … Continue Reading

EPA Issues New Guidance Easing New Source Review Analysis

As part of its growing reinterpretation of Clean Air Act requirements, the U.S. Environmental Protection Agency (EPA) has issued a new guidance (Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program (March 13, 2018) (Guidance)) altering the agency’s policy on when preconstruction permits are required under the New Source Review (NSR) program for … Continue Reading

Can the Environmental Rights Amendment Protect Pennsylvanians From EPA Cuts?

President Donald J. Trump and his administration have focused on the EPA during his time in office, particularly in regards to its funding, and its regulations. The president has taken several high-profile steps in addressing climate change, including pulling the United States out of the Paris climate accord and proposing the repeal of the Clean … Continue Reading

Environmentalists Score Clean Water Act Victory Which May Affect Permitting Status

While litigants and the U.S. Environmental Protection Agency (EPA) continue to debate the fate of the agency’s 2015 rule defining jurisdictional waters under the Clean Water Act (Act), environmentalists have scored a victory – one that may cause a widespread re-evaluation of permitting status. Last week the Ninth U.S. Circuit Court of Appeals upheld a … Continue Reading

EPA Nixes Decades-Old Policy on Toxic Air Pollution

Jettisoning 23-year old doctrine, the U.S. Environmental Protection Agency (EPA) announced last week in guidance (“Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act,” Memorandum from William L. Wehrum, EPA (January 25, 2018)) that it was abandoning its “once-in-always-in” (OIAI) policy that branded stationary air pollution sources as “major … Continue Reading
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