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E2 Law Blog

Insights and Commentary on Global Environmental and Energy Issues

Topics

Agriculture

Digital Platform – Sustainable Forest Development Law in MexicoFood for thought: Florida, Israel can lead the way in agtech

Air

EPA’s Methane ‘Super-Emitter’ Proposal: Getting Outside HelpBatteries Not Included: Challenges and Opportunities for Electric Vehicles and Decarbonisation in the United KingdomThe Biden Earth Day Climate Announcement: Not Just Clean Air Act Regulation

Announcements

Greenberg Traurig Expands Litigation Practice with Addition of Former Assistant U.S. Attorney Irina Khasin in AtlantaGreenberg Traurig's Energy & Natural Resources Practice Recognized in 2023 'Best Law Firms' ReportGreenberg Traurig’s Environmental Practice Receives 39 Rankings Nationally and in 15 U.S. Markets

Articles

Uncertainty, No Guidance for Attorney-Client Privilege in Environmental AuditsLaw360 Pulse | 'Enviro Atty Returns To Greenberg Traurig'Clients: How Risky Is a Shift in Your ESG Approach?

Biocides

Upcoming Deadlines for Biocides in the EU

Biofuels

EPA Approves Renewable Fuels Produced from Sorghum Oil; Provides Additional Source of Revenue for Farmers in Wake of Chinese TariffsThe Debate Over Florida’s First Commercial Waste-to-Energy Incinerator in 2 DecadesGT Air Update - Part II

Brexit

UK Approach to EU Negotiations Post-Brexit: Implications for Environmental StandardsThe Revised Brexit Withdrawal Agreement and Political Declaration and Their Impact on UK Environmental StandardsBrexit & REACH: Potential Changes to UK Chemical Regulation

Brownfields

The Infrastructure Investment and Jobs Act and Remedial Programs'RACER Trust' and the Concinnity of CERCLA Sections 107 and 113Maribel Nicholson-Choice Quoted in Law360 Article, '3 Key Enviro Priorities In The Infrastructure Bill'

California

Thomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'Greenberg Traurig Grows Environmental Practice in CaliforniaCalifornia Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

California

Thomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'California Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine RegulationsIn Minnesota, More Little Red Corvettes May Soon be Electric

Carbon Credits

Inflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, StandardsTreasury Announces Initial Guidance on the Inflation Reduction Act’s Labor Requirements for Renewable Energy Tax Credits and IncentivesIRS Takes First Steps to Implement Carbon Capture Tax Credit

Catastrophe Planning & Response

Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023

CERCLA

What Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?Environment, Energy, and Resources Law: The Year in Review 2021E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

CFTC

Rejecting the Aspire Court Decision, the CFTC Proposes a ‘Private Right of Action’ Amendment to RTO-ISO Order

Chemicals

What Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?A Brief Overview of the Superfund Chemical Excise TaxChina’s New Regulation on New Chemicals Aims to Make Life Easier

class action

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

Clean Air Act

Environment, Energy, and Resources Law: The Year in Review 2021Journey to the U.S. Supreme Court - Regulating Power Plant Greenhouse Gas EmissionsThe New Environmental Rights Amendment to the New York Constitution

Clean Water Act

Environment, Energy, and Resources Law: The Year in Review 2021Storm Sewers and Impervious Cover in Maryland: A Further UpdateThe Top 5 New Environmental Issues for Commercial Property Owners or Managers

Clean Water Act

Storm Sewers and Impervious Cover in Maryland: A Further UpdateThe Top 5 New Environmental Issues for Commercial Property Owners or ManagersPotential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups

Climate Change

Inflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, StandardsE2 Law Podcast: Episode 20 | Empire Environmental – Review of New York’s Cap-and-Invest Program to Reduce Emissions and Achieve Climate GoalsE2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon Emissions

Coal

The State of Coal Ash Regulation and Implications for the CommonwealthDOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen PlaintiffsIs the Clock Ticking on Coal Ash?: Key Deadlines and Takeaways from EPA’s Recent CCR Rule Revisions

Colorado

Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023Martinez v. Colorado Oil and Gas Conservation Commission UpdateGreen Roof Initiative: Compare the Green Roof Initiative with the new proposal

Commodities

Commerce Issues Final Rule on AD/CVD Grace PeriodCommerce Department Delays Auxin Preliminary Determination on Solar Trade ImportsRejecting the Aspire Court Decision, the CFTC Proposes a ‘Private Right of Action’ Amendment to RTO-ISO Order

Compliance

E2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon EmissionsDOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental ContextCumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty

Contamination

Navigating Voluntary Cleanups in a World of Evolving ScienceE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2BE2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

Court Cases

Uncertainty, No Guidance for Attorney-Client Privilege in Environmental AuditsThe Pennsylvania Environmental Rights Amendment and StatuesWest Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.

DEP

Local Preemption and Wetlands in MassachusettsEnvironmental Cases in the Pennsylvania Appellate Courts in 2021Pennsylvania Prospective Purchaser Agreements: Emphasis on ‘Prospective’

Earth Day

Happy Earth Day from Greenberg Traurig's Environmental PracticeThe Biden Earth Day Climate Announcement: Not Just Clean Air Act RegulationHappy Earth Day from Greenberg Traurig's Environmental Practice

Emerging Contaminants

PFAS in Drinking Water: EPA Proposes Historic New RegulationNavigating Voluntary Cleanups in a World of Evolving ScienceGreenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law Conference

Energy

CBAM on Track to Take Effect in October 2023IRS Releases Guidance on the Low-Income Communities Bonus Credit Program for Solar and Wind FacilitiesIRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy Projects

Environment

PFAS in Drinking Water: EPA Proposes Historic New Regulation4 Greenberg Traurig Attorneys Listed in Lawdragon Green 500: Leaders in Environmental LawUncertainty, No Guidance for Attorney-Client Privilege in Environmental Audits

Environmental Justice

New York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and RenewalNew York State Climate Action Council Adopts Final Scoping Plan to Achieve Climate GoalsCumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty

Environmental Rights Amendment

The Pennsylvania Environmental Rights Amendment and StatuesOil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment DecisionIs the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?

EPA

PFAS in Drinking Water: EPA Proposes Historic New RegulationInflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, StandardsEPA’s Methane ‘Super-Emitter’ Proposal: Getting Outside Help

EU

EU to Make Changes to Its Sustainability Reporting Rules and Impose New Obligations on Non-European CompaniesPossible Amendments to EU Proposed Carbon Border Adjustment MechanismEU Carbon Border Adjustment Mechanism Proposal and Its Relationship to the European Emission Trading Scheme

Events

Dec. 13 WEBINAR | Renewables Year-End Review: M&A, Tax Equity and Finance MarketsNov. 9 WEBINAR | Crypto + Power: Risks & Revenue StructuresAug. 19 WEBINAR | Inflation Reduction Act

Exactions

New Florida Statute Codifies U.S. Supreme Court Ruling in Koontz and Provides Relief Against 'Extortionate' ExactionsKoontz-Inspired State Legislation Would Expand Supreme Court's Ruling in Permitting Context

Executive Order

Commerce Department Delays Auxin Preliminary Determination on Solar Trade ImportsEnvironment, Energy, and Resources Law: The Year in Review 2021TRANSITION THOUGHTS: How Will President Biden’s Elevation of Environmental Justice Within the EPA Affect Your Permitted Facility or Redevelopment Project?

Export Controls

LNG Export: DOE Authorizes a New Business Model Under Its Small-Scale Export RuleIran Deal is Implemented: U.S. and EU Remove Nuclear-Related Sanctions on Iran

Farm Bill

How the Inflation Reduction Act May Impact the Renewable Energy IndustryEPA Seeks Public Comment on Pesticide Applications for Hemp

FAST Act

FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?

Federal

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, StandardsTreasury Announces Initial Guidance on the Inflation Reduction Act’s Labor Requirements for Renewable Energy Tax Credits and Incentives

Federal Regulation

EPA’s Methane ‘Super-Emitter’ Proposal: Getting Outside HelpEnvironment, Energy, and Resources Law: The Year in Review 2021Cumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty

FERC

Keeping Eyes on the Ball: Integration of Distributed Energy ResourcesFERC Approves the Overhaul of PURPA RegulationsFERC Denies Anbaric Complaint, Announces Technical Conference to Examine Grid Access for Offshore Wind Projects

Florida

Using Florida’s Amended Summary Judgment Standard in LitigationMaribel Nicholson-Choice Recognized by ONYX Magazine as a 2022 ‘Woman on the Move’New Risk Based Corrective Action Guidance for Miami-Dade Sites

Glyphosate

EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans

Green Building

The Top 5 New Environmental Issues for Commercial Property Owners or ManagersCenter for Resource Solutions Confirms Greenberg Traurig as First Major Law Firm Certified by its Green-e® Energy ProgramEvery New Building in the Netherlands Must Be (Almost) Energy Neutral Starting Jan. 1, 2021

Greenhouse Gas

IRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy ProjectsInflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, StandardsE2 Law Podcast: Episode 20 | Empire Environmental – Review of New York’s Cap-and-Invest Program to Reduce Emissions and Achieve Climate Goals

GT Alert

Inflation Reduction Act: EPA Invites Stakeholder Input on Grant/Technical Assistance Programs for Lower-Embodied Carbon Construction Materials, StandardsNew York State Climate Action Council Adopts Final Scoping Plan to Achieve Climate GoalsU.S. Interior Department Initiates Actions to Protect Colorado River System, Reduce Deliveries

Hazardous substance

What Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?

Hazardous Waste

UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21ENeighbors’ Tort Claims Even After a CleanupPotential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups

Hazardous Waste

EPA Considers Classifying Discarded PVC Plastic as Hazardous WasteE2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2APotential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups

Hydrofracking

UK Government Ends Its Support for Fracking in England (At Least for Now)EPA Issues Final Hydraulic Fracturing Report, Concluding that The Practice “Can Impact Drinking Water Resources under Some Circumstances”; Follow-on Federal Regulation Highly UnlikelyIndependent Scientific Panel Faults the EPA’s Landmark Hydraulic Fracturing Study

Illinois

FutureGen Receives EPA Permits for Underground Injection

Infrastructure

Renewables Year-End Review: M&A, Tax Equity and Finance MarketsInterior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023The Infrastructure Investment and Jobs Act and Remedial Programs

Insurance

Today is World Oceans Day – Here Are Five Things Business Owners Need to Know About Sea Level RiseAnticipating Environmental Issues in an Economic Downturn: 2019 EditionMinimum Insurance Requirements for Regulated Entities in the Hydrocarbon Sector in Mexico

International

EU to Make Changes to Its Sustainability Reporting Rules and Impose New Obligations on Non-European CompaniesInterior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023Renewable Energy in Latin America Updates - August 2022

Lead paint

The Top 5 New Environmental Issues for Commercial Property Owners or ManagersLevitas v. Christian: Standards for Expert Opinions on Exposure Pathways in Maryland

Legislation

New York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and RenewalThomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'E2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon Emissions

Litigation

Uncertainty, No Guidance for Attorney-Client Privilege in Environmental AuditsThe Pennsylvania Environmental Rights Amendment and StatuesOil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision

Manufacturing

IRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy ProjectsRenewables Year-End Review: M&A, Tax Equity and Finance MarketsUK’s Industrial Energy Transformation Fund Grants Now Available to Manufacturing Companies and Data Centre Operators

Maryland

Storm Sewers and Impervious Cover in Maryland: A Further UpdateStorm Sewers and Impervious Cover in Maryland: An UpdateMaryland Court of Appeals Limits Bases for Challenging CWA Permits under the Chesapeake Bay TMDL

Mass Torts

Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA CleanupsSeventh Circuit Reverses Class Certification in Groundwater Contamination CaseLitigation Over Groundwater Impacts of Natural Gas Wells in Pennsylvania

Massachusetts

DEP’s Municipal Harbor Plan Regulations InvalidGreenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development DisputeMassachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer

Massachusetts

Local Preemption and Wetlands in Massachusetts: An UpdateGreenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development DisputeUPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E

Mercury

EPA Takes Steps to Regulate Use and Disposal of Mercury

Mexico

Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023Renewable Energy in Latin America Updates - August 2022Renewable Energy in Latin America Updates - July 2022

Michigan

Safe Drinking Water Act Does Not Preempt Flint Plaintiffs’ Section 1983 Claims

Mining

Nov. 9 WEBINAR | Crypto + Power: Risks & Revenue StructuresGood News for States and Surface Coal Mine Operators in Recent Department of Interior AnnouncementIn a Historic Decision to Ban All Metals Mining, El Salvador Appears to Have Closed the Door on OceanaGold

Natural Resources

Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development DisputeRenewable Energy in Latin America Updates

NEPA

New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property ValuesA Tale of Two Environmental Policies: President Trump Announces NEPA Reform, as Former Vice President Biden Vows to Roll Back Reforms If ElectedFederal Judge Prohibits Use of U.S. Army Corps of Engineers’ Nationwide Permit 12 for Utility and Pipeline Projects

NEPA

Environment, Energy, and Resources Law: The Year in Review 2021Environmental Cases in the Pennsylvania Appellate Courts in 2021Turning Back the Clock: CEQ's Recently Announced NEPA Amendments Aim to Restore Pre-Trump Administration Approach to Environmental Review

Netherlands

New Wind Parks in the Netherlands Frustrated by Court RulingEnvironmental Issues in Corporate Transactions: The NetherlandsThe EU Non-Financial Reporting Directive and the Proposal for Corporate Sustainability Reporting Directive

New Jersey

TRANSITION THOUGHTS: How Will President Biden’s Elevation of Environmental Justice Within the EPA Affect Your Permitted Facility or Redevelopment Project?Third Circuit Considers the Scope of “Matters Addressed” in CERCLA SettlementsNew Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values

New York

E2 Law Podcast: Episode 20 | Empire Environmental – Review of New York’s Cap-and-Invest Program to Reduce Emissions and Achieve Climate GoalsNew York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and RenewalE2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon Emissions

no-deal Brexit

Brexit & REACH: Potential Changes to UK Chemical Regulation

NPDES

New York State Issues Public Notice of Draft MS4 Permit for New York CityNY Appellate Court Issues Important Decision for Municipal Stormwater RegulationStormwater in New England: When It Rains, It Pours

Nutrient standards

Environmental Groups Appeal Federal Court Order Allowing the State of Florida to Adopt Nutrient Standards For Its Waters -- March 6, 2014

Oil & Gas

Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment DecisionWhat Impact Review Does the Pennsylvania ERA Require?Paul Seby Featured in Two Law360 Articles

OSHA

Coronavirus Disease 2019 and the Occupational Safety and Health Act: OSHA Update No. 2 – Essential WorkersCoronavirus and the Occupational Safety and Health Act: What Employers Need to KnowOSHA Is Raising Its Maximum Penalty Amounts, Again!

Other

Greenberg Traurig Environmental Practice Recognized in Chambers USA 2021 GuideNew York Issues Its Final Environmental Audit Incentive Policy

P3

Invest: Insights presents Kerri Barsh, Shareholder, Greenberg Traurig

Pennsylvania

Kaitlyn R. Maxwell Recognized as a City & State PA ‘2022 Impact 50’Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?The Infrastructure Investment and Jobs Act and Remedial Programs

Pennsylvania

The Pennsylvania Environmental Rights Amendment and StatuesKaitlyn R. Maxwell Recognized as a City & State PA ‘2022 Impact 50’Navigating Voluntary Cleanups in a World of Evolving Science

Permitting

Storm Sewers and Impervious Cover in Maryland: An UpdateThe Biden Earth Day Climate Announcement: Not Just Clean Air Act RegulationTRANSITION THOUGHTS: How Will President Biden’s Elevation of Environmental Justice Within the EPA Affect Your Permitted Facility or Redevelopment Project?

PFAS

PFAS in Drinking Water: EPA Proposes Historic New RegulationNavigating Voluntary Cleanups in a World of Evolving ScienceGreenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law Conference

PFOA

Navigating Voluntary Cleanups in a World of Evolving ScienceGreenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law ConferenceThe Top 5 New Environmental Issues for Commercial Property Owners or Managers

PFOS

Navigating Voluntary Cleanups in a World of Evolving ScienceGreenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law ConferenceThe Top 5 New Environmental Issues for Commercial Property Owners or Managers

Policy

New York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and RenewalCommerce Issues Final Rule on AD/CVD Grace PeriodCalifornia Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine Regulations

Politics

Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023How the Inflation Reduction Act May Impact the Renewable Energy IndustryMaribel Nicholson-Choice Quoted in Law360 Article, '3 Key Enviro Priorities In The Infrastructure Bill'

Pollution

Penalties Under CERCLA for Denying EPA Access to TestCalifornia Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine RegulationsEPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification Units

Proposition 65

Product Stewardship and TextilesGlyphosate Litigation PrimerRegulation of Bisphenol A (BPA) Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016

Prospective Purchaser Agreement

Pennsylvania Prospective Purchaser Agreements: Emphasis on ‘Prospective’Pennsylvania Prospective Purchasers of Contaminated Property and Their Administrative Records

RCRA

What Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?EPA Considers Classifying Discarded PVC Plastic as Hazardous WasteNeighbors’ Tort Claims Even After a Cleanup

REACH

Brexit: The Great Repeal Bill and the EU’s Chemicals, Emissions, and Medicines Regimes

Real estate

Law360 Pulse | 'Enviro Atty Returns To Greenberg Traurig'Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development DisputeThe Top 5 New Environmental Issues for Commercial Property Owners or Managers

Regulatory

Thomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'Nov. 9 WEBINAR | Crypto + Power: Risks & Revenue StructuresDEP’s Municipal Harbor Plan Regulations Invalid

Renewables

Renewables Year-End Review: M&A, Tax Equity and Finance MarketsNew York State Climate Action Council Adopts Final Scoping Plan to Achieve Climate GoalsDec. 13 WEBINAR | Renewables Year-End Review: M&A, Tax Equity and Finance Markets

Risk management

DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental ContextSEC Proposes Comprehensive Package of Climate-Related Disclosure RulesThe Management Systems Underlying ESG Reports

Safe Drinking Water Act

The Top 5 New Environmental Issues for Commercial Property Owners or ManagersPotential Impact of EPA’s PFAS Strategic Roadmap on CERCLA CleanupsBiden EPA Moving Forward with National Drinking Water Regulations for PFOA and PFOS

Shale

Shale boom crosses borders

Solar

IRS Releases Guidance on the Low-Income Communities Bonus Credit Program for Solar and Wind FacilitiesRenewables Year-End Review: M&A, Tax Equity and Finance MarketsGreenberg Traurig Represents Clēnera on Construction and Tax Equity Financing for the 105 MW DC Apex Solar Project

Solid waste

Neighbors’ Tort Claims Even After a CleanupEPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification UnitsLimits on Administrative Orders to Clean Up in Delaware

State & Local

E2 Law Podcast: Episode 20 | Empire Environmental – Review of New York’s Cap-and-Invest Program to Reduce Emissions and Achieve Climate GoalsNew York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and RenewalThomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'

Stormwater

Storm Sewers and Impervious Cover in Maryland: A Further UpdateWill Climate Change Cause Storm Water Claims to Rain Down?Storm Sewers and Impervious Cover in Maryland: An Update

Substance

PFAS Solution Moving Through Congress on Must-Pass Defense BillChanges to the EU's REACH Regime May Increase the Administrative Burden on Prospective Registrants

Superfund

A Brief Overview of the Superfund Chemical Excise TaxE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2BE2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

Tax

IRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy ProjectsDec. 13 WEBINAR | Renewables Year-End Review: M&A, Tax Equity and Finance MarketsTreasury Announces Initial Guidance on the Inflation Reduction Act’s Labor Requirements for Renewable Energy Tax Credits and Incentives

Technology

IRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy ProjectsU.S. and Dutch Governments Announce Hydrogen CollaborationIRS Takes First Steps to Implement Carbon Capture Tax Credit

Texas

Greenberg Traurig Launches Storm Uri Texas Litigation TrackerHurricanes Harvey & Irma: Controlling Water, Mold, Bacterial FalloutIndependent Scientific Panel Faults the EPA’s Landmark Hydraulic Fracturing Study

Toxic Tort

Greenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law ConferenceThe Top 5 New Environmental Issues for Commercial Property Owners or ManagersNew York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming

trade policy

Commerce Issues Final Rule on AD/CVD Grace PeriodPossible Amendments to EU Proposed Carbon Border Adjustment MechanismChanges to Environmental Provisions of the USMCA Trade Agreement

Transactional

Renewables Year-End Review: M&A, Tax Equity and Finance MarketsMassachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property TransferPresidential Executive Order on U.S. Bulk Power System Equipment from ‘Foreign Adversaries’

TSCA

Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA CleanupsCongress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference ReportPFAS Solution Moving Through Congress on Must-Pass Defense Bill

UK

Procurement of Zero-Emission Buses in the UK and Associated InfrastructureFinancing EV Infrastructure in the UKBatteries Not Included: Challenges and Opportunities for Electric Vehicles and Decarbonisation in the United Kingdom

UK REACH

The Revised Brexit Withdrawal Agreement and Political Declaration and Their Impact on UK Environmental StandardsBrexit & REACH: Potential Changes to UK Chemical Regulation

Uncategorized

Significant Environmental Cases in Pa. Courts During 2018 (Part 1)Constant Vigilance: Why Environmental Criminal Enforcement Still MattersRecent Opinions Hold Differing Views on Point Source Discharges Into Waters

United Kingdom

Procurement of Zero-Emission Buses in the UK and Associated InfrastructureFinancing EV Infrastructure in the UKBatteries Not Included: Challenges and Opportunities for Electric Vehicles and Decarbonisation in the United Kingdom

USMCA

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

Utilities

FERC Approves the Overhaul of PURPA RegulationsWho is a Customer-Generator? Uncertainty Abounds for the Pennsylvania PUCCommonwealth Court’s Invalidation of Pennsylvania PUC Defined Terms – Potential Net Metering Implications

Waste

EPA Considers Classifying Discarded PVC Plastic as Hazardous WasteE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2BE2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

Water

PFAS in Drinking Water: EPA Proposes Historic New RegulationU.S. Interior Department Initiates Actions to Protect Colorado River System, Reduce DeliveriesInterior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023

Water quality

The New Environmental Rights Amendment to the New York ConstitutionPotential Impact of EPA’s PFAS Strategic Roadmap on CERCLA CleanupsMaribel Nicholson-Choice Quoted in Law360 Article, '3 Key Enviro Priorities In The Infrastructure Bill'

Wetlands

Local Preemption and Wetlands in Massachusetts: An UpdateLocal Preemption and Wetlands in MassachusettsMassachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer

Wildlife

Public Comment Deadline Nears on Florida's Imperiled Species Management Plan in Contemplation of April 2016 Vote

WOTUS

Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water RuleRolling Back Environmental Rollbacks in the New AdministrationGovernment Repeals Obama-Era Waters of the U.S. Rule: Major Supreme Court Decision to Come, but ‘Regulatory Patchwork’ Remains

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