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E2 Law Blog

Insights and Commentary on Global Environmental and Energy Issues

Topics

Agriculture

Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeDigital 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

Allocation

E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2BE2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2AA Conversation About ‘Fairness’ in Superfund Allocation

Announcements

Greenberg Traurig’s David G. Mandelbaum Chosen as a City & State PA ‘Fifty Over 50’Greenberg Traurig’s Giuliano Apadula to Speak at Brownfields 2023Webinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets

Articles

Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage SystemsWetlands Regulation in Pennsylvania After 'Sackett' RulingLessons from Someone Else's Book About a Big Matter I Handled

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

Greenberg Traurig’s Giuliano Apadula to Speak at Brownfields 2023The Infrastructure Investment and Jobs Act and Remedial Programs'RACER Trust' and the Concinnity of CERCLA Sections 107 and 113

California

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingThomas Brill Quoted in Law360 Article, 'California Legislation And Regulation To Watch In 2023'California Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine Regulations

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

California Enacts First-of-Their-Kind Laws Requiring Corporate Climate DisclosuresJune 20 Event | California Hydrogen Leadership SummitLower Colorado Basin States’ Compromise on Water Conservation

CARB

California Air Resources Board Releases Updated 2022 Scoping PlanCalifornia Air Resources Board Begins Process to Update Low Carbon Fuel Standard Regulations

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

carbon emissions

New York City Planning Commission Approves Zoning Changes Supporting City’s Climate GoalsThe Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentJune 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) Regulation

Catastrophe Planning & Response

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

CBAM

CBAM Reporting Requirement Begins Oct. 1, 2023June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationCBAM on Track to Take Effect in October 2023

CBD

EPA Seeks Public Comment on Pesticide Applications for Hemp

CERCLA

The Last Year in CERCLA: Practitioners Should Take NoteWhat Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?Environment, Energy, and Resources Law: The Year in Review 2021

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

China

Commerce Department Delays Auxin Preliminary Determination on Solar Trade ImportsChina’s New Regulation on New Chemicals Aims to Make Life Easier

Circular Economy

Pennsylvania and the Circular Economy: Turning Waste Into Something New

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 energy

Proposed Treasury Rules on Prevailing Wage and Apprenticeship for Clean Energy Credits Incentivize Use of Project Labor AgreementsWebinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance MarketsWebinar Recording | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance Explained

Clean Water Act

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over WetlandsStorm Sewers and Impervious Cover in Maryland: A Further UpdateThe Top 5 New Environmental Issues for Commercial Property Owners or Managers

Clean Water Act

Wetlands Regulation in Pennsylvania After 'Sackett' RulingSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over WetlandsEnvironment, Energy, and Resources Law: The Year in Review 2021

Climate Change

New York City Planning Commission Approves Zoning Changes Supporting City’s Climate GoalsEPA Announces Its Final National Enforcement and Compliance InitiativesThe Montana 'Youth Climate Case' and the Pa. Environmental Rights Amendment

Coal

EPA Announces Its Final National Enforcement and Compliance InitiativesDOJ’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

Coal Ash

EPA Announces Its Final National Enforcement and Compliance InitiativesIs the Clock Ticking on Coal Ash?: Key Deadlines and Takeaways from EPA’s Recent CCR Rule Revisions

Colorado

Federal Government Continues Efforts to Reform Colorado River OperationsLower Colorado Basin States’ Compromise on Water ConservationThe Federal Government’s Colorado River Rescue Efforts

Committee for Climate Change

E2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon EmissionsFinancing EV Infrastructure in the UK

Commodities

June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationCommerce Issues Final Rule on AD/CVD Grace PeriodCommerce Department Delays Auxin Preliminary Determination on Solar Trade Imports

Compliance

CBAM Reporting Requirement Begins Oct. 1, 2023June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationE2 Law Podcast: Episode 19 | Empire Environmental – New York State Climate Action Council Plan to Reduce Carbon Emissions

Contamination

Commonwealth Court Offers Another Take on Valuing Contaminated PropertyLessons from Someone Else's Book About a Big Matter I HandledNavigating Voluntary Cleanups in a World of Evolving Science

Court Cases

Commonwealth Court Offers Another Take on Valuing Contaminated PropertyThe Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentThe Severability of Wind Rights from a Surface Estate

COVID-19

Environmental Cases in the Pennsylvania Appellate Courts in 2021The Top 5 New Environmental Issues for Commercial Property Owners or ManagersBusinesses Administering COVID-19 Vaccine Are at Risk for Mishandling Biomedical Waste

COVID-19

May 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part OneGreenberg Traurig’s Libretta Stennes and Deepi K. Miller to Speak at ABA Toxic Torts and Environmental Law ConferenceWEBINAR: Wind, Solar & Beyond - The Infocast Webinar Series

DEP

Attorney Fees Awards Under the Clean Streams LawLocal Preemption and Wetlands in MassachusettsEnvironmental Cases in the Pennsylvania Appellate Courts in 2021

Distributed Energy Resource (DER)

Keeping Eyes on the Ball: Integration of Distributed Energy Resources

DOJ

DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental ContextEnvironment, Energy, and Resources Law: The Year in Review 2021New Lawsuit Challenges DOJ Policy Prohibiting SEPs

E2 Asia

Commerce Issues Final Rule on AD/CVD Grace PeriodWinds of Change: Proposed Revisions to Japan’s Offshore Wind Public Auction Process

E2 Europe

Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeSept. 26 WEBINAR | Navigating the Hydrogen Horizon: Regulatory UpdateJune 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) Regulation

E2 Latin America

Chambers 2024 Latin America Guide Recognizes GT's Environmental and Energy PracticesLatin America Energy Updates: May–June 2023Renewable Energy in Latin America Updates - August 2022

Earth Day

Greenberg Traurig Celebrates Earth DayHappy Earth Day from Greenberg Traurig's Environmental PracticeThe Biden Earth Day Climate Announcement: Not Just Clean Air Act Regulation

Electrical Vehicles

Recent Federal Legislation’s Impact on Electric Vehicle InfrastructureProcurement of Zero-Emission Buses in the UK and Associated InfrastructureFinancing EV Infrastructure in the UK

Emergency Preparedness

UK Environment Agency Continues to Issue Coronavirus Disease 2019 Enforcement SuspensionsEPA Commences Public Comment on Recycled-Content Product List – It May be More Relevant Than You ThinkUK Environment Agency Four Further Coronavirus Disease 2019 Enforcement Suspensions

Emerging Contaminants

EPA Announces Its Final National Enforcement and Compliance InitiativesLessons from Someone Else's Book About a Big Matter I HandledPFAS in Drinking Water: EPA Proposes Historic New Regulation

Energy

Greenberg Traurig Continues to Strengthen Energy & Natural Resources Practice with Regina A. Pearson in AustinProposed Treasury Rules on Prevailing Wage and Apprenticeship for Clean Energy Credits Incentivize Use of Project Labor AgreementsWebinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets

Energy and Natural Resources

Greenberg Traurig Continues to Strengthen Energy & Natural Resources Practice with Regina A. Pearson in AustinSept. 26 WEBINAR | Navigating the Hydrogen Horizon: Regulatory UpdateCBAM Reporting Requirement Begins Oct. 1, 2023

Energy Project Finance & Development

Greenberg Traurig Continues to Strengthen Energy & Natural Resources Practice with Regina A. Pearson in AustinWebinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance MarketsWebinar Recording | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance Explained

Energy Transaction

Latin America Energy Updates: May–June 2023IRS Releases Guidance on Elective Payments and Transferability of Certain Tax CreditsIRS Provides Additional Guidance for Advanced Energy Projects Under Section 48C of the Code

Environment

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingPFAS in Drinking Water: EPA Proposes Historic New Regulation4 Greenberg Traurig Attorneys Listed in Lawdragon Green 500: Leaders in Environmental Law

Environmental

Greenberg Traurig Continues to Strengthen Energy & Natural Resources Practice with Regina A. Pearson in AustinNew York Regulator Releases Draft Policy to Implement Environmental Justice Provisions of NY Climate LawCalifornia Enacts First-of-Their-Kind Laws Requiring Corporate Climate Disclosures

Environmental Justice

The Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentMay 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part OneNew York Adopts New Environmental Justice Law That Requires Consideration of ‘Disproportionate Impacts’ on Disadvantaged Communities for Permit Issuance and Renewal

Environmental Protection Practice

PFAS in Drinking Water: EPA Proposes Historic New RegulationGreenberg Traurig Warsaw Office Establishes Environmental Protection Practice Led by Counsel Barbara Pancer

Environmental Rights Amendment

The Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentThe Pennsylvania Environmental Rights Amendment and StatuesOil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision

Environmental Social & Governance (ESG)

California Enacts First-of-Their-Kind Laws Requiring Corporate Climate DisclosuresSFDR Update: European Regulators Issue New Consultation & European Commission Provides New GuidanceCBAM on Track to Take Effect in October 2023

Environmental Social and Governance (ESG)

Federal Government Continues Efforts to Reform Colorado River OperationsJune 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationSFDR Update: European Regulators Issue New Consultation & European Commission Provides New Guidance

EPA

EPA Announces Its Final National Enforcement and Compliance InitiativesWetlands Regulation in Pennsylvania After 'Sackett' RulingMay 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part One

EU

CBAM Reporting Requirement Begins Oct. 1, 2023June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationProposal for an EU Green Claims Directive

Europe

Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeJune 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationSFDR Update: European Regulators Issue New Consultation & European Commission Provides New Guidance

European Emission Trading Scheme

EU Carbon Border Adjustment Mechanism Proposal and Its Relationship to the European Emission Trading Scheme

Events

Sept. 26 WEBINAR | Navigating the Hydrogen Horizon: Regulatory UpdateGreenberg Traurig’s Giuliano Apadula to Speak at Brownfields 2023June 29 Webinar | Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets

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?

Executive Orders

Commerce Department Delays Auxin Preliminary Determination on Solar Trade ImportsTRANSITION THOUGHTS: The Presidential Transition, NEPA, and Project Review

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

GT’s Energy & Natural Resources Practice Recognized in 2023 Chambers USA GuideHow 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?

Featured

Greenberg Traurig’s David G. Mandelbaum Chosen as a City & State PA ‘Fifty Over 50’Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeCommonwealth Court Offers Another Take on Valuing Contaminated Property

Federal

Proposed Regulations under Section 6418 Transferability of Clean Energy Tax CreditsProposed Regulations under Section 6417 Direct Pay for Clean Energy Tax CreditsFederal Government Continues Efforts to Reform Colorado River Operations

Federal Drug Administration (FDA)

Legal Environmental Insights: Episode 10 | Bringing New Disinfectants to Market: A Primer on FIFRA Dos and Don'tsFDA Findings on PFAS Chemicals in U.S. Food and Drinking Water Supply

Federal Regulation

June 21 WEBINAR | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance ExplainedIRS Issues Proposed Regulations for Energy Projects Located in Low-Income CommunitiesSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

FERC

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingKeeping Eyes on the Ball: Integration of Distributed Energy ResourcesFERC Approves the Overhaul of PURPA Regulations

Finance

U.S. Treasury Announces $5 Billion Allocation of New Markets Tax Credit AwardsIRS Provides Additional Guidance for Advanced Energy Projects Under Section 48C of the CodeIRS Issues Proposed Regulations for Energy Projects Located in Low-Income Communities

Florida

Using Florida’s Amended Summary Judgment Standard as a Weapon to WinUsing Florida’s Amended Summary Judgment Standard in LitigationMaribel Nicholson-Choice Recognized by ONYX Magazine as a 2022 ‘Woman on the Move’

Germany

WEBINAR: Hydrogen Infrastructure Challenges and Case Studies: Bumpy Road or Expressway to a Clean Fuel Future?U.S. and Dutch Governments Announce Hydrogen CollaborationGerman and Dutch National Agendas Indicate Further Focus on and Investments in Hydrogen

Glyphosate

EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans

Gore Factors

E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2AA Conversation About ‘Fairness’ in Superfund AllocationThe Fairest of Them All: Advocating CERCLA Allocation

Green Building

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingThe 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 Program

Greenhouse Gas

New York Regulator Releases Draft Policy to Implement Environmental Justice Provisions of NY Climate LawThe Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentIRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy Projects

GT Alert

The Severability of Wind Rights from a Surface EstateFederal Government Continues Efforts to Reform Colorado River OperationsSFDR Update: European Regulators Issue New Consultation & European Commission Provides New Guidance

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

Hemp

EPA Seeks Public Comment on Pesticide Applications for Hemp

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

Hydrogen

Sept. 26 WEBINAR | Navigating the Hydrogen Horizon: Regulatory UpdateLatin America Energy Updates: May–June 2023June 20 Event | California Hydrogen Leadership Summit

Illinois

FutureGen Receives EPA Permits for Underground Injection

Import

Commerce Issues Final Rule on AD/CVD Grace PeriodCommerce Department Delays Auxin Preliminary Determination on Solar Trade ImportsEU Carbon Border Adjustment Mechanism Proposal and Its Relationship to the European Emission Trading Scheme

Infrastructure

U.S. Treasury Announces $5 Billion Allocation of New Markets Tax Credit AwardsIRS Issues Guidance for Developers, Investors Seeking to Qualify for Energy Community Bonus Credits Under Inflation Reduction ActRenewables Year-End Review: M&A, Tax Equity and Finance Markets

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

Mexico Passes Bill Amending Mining Law, and Related Environmental LawsMexico’s Initiative to Amend Mining Law, Related Environmental Law Provisions Regarding Mining and Water ConcessionsEU to Make Changes to Its Sustainability Reporting Rules and Impose New Obligations on Non-European Companies

International Trade

CBAM Reporting Requirement Begins Oct. 1, 2023June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationCommerce Issues Final Rule on AD/CVD Grace Period

Italy

Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeModification of Italian Constitution: Environment Elevated to Protected Primary Value

Latin America

Chambers 2024 Latin America Guide Recognizes GT's Environmental and Energy PracticesLatin America Energy Updates: May–June 2023Mexico Passes Bill Amending Mining Law, and Related Environmental Laws

LCFS

California Air Resources Board Begins Process to Update Low Carbon Fuel Standard Regulations

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

Greenberg Traurig’s Environmental Practice Receives 5 Recognitions in 2024 Edition of Benchmark Litigation United StatesThe Severability of Wind Rights from a Surface EstateSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

Manufacturing

June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationIRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy ProjectsRenewables Year-End Review: M&A, Tax Equity and Finance Markets

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

Mexico

Mexico Passes Bill Amending Mining Law, and Related Environmental LawsMexico’s Initiative to Amend Mining Law, Related Environmental Law Provisions Regarding Mining and Water ConcessionsRenewable Energy in Latin America Updates - August 2022

Michigan

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

Mining

Latin America Energy Updates: May–June 2023Mexico Passes Bill Amending Mining Law, and Related Environmental LawsMexico’s Initiative to Amend Mining Law, Related Environmental Law Provisions Regarding Mining and Water Concessions

Minnesota

In Minnesota, More Little Red Corvettes May Soon be Electric

Minnesota

Minnesota Becomes First State to Ban TCE: Considerations Once a Chemical Is Banned

Natural Resources

Federal Government Continues Efforts to Reform Colorado River Operations9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingInterior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023

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

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

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

New York Regulator Releases Draft Policy to Implement Environmental Justice Provisions of NY Climate LawNew York City Planning Commission Approves Zoning Changes Supporting City’s Climate GoalsDoreen U. Saia, Steven C. Russo, & Zackary D. Knaub Named to City & State’s 2023 Energy & Environment Power 100

no-deal Brexit

Brexit & REACH: Potential Changes to UK Chemical Regulation

NPDES

EPA Announces Its Final National Enforcement and Compliance InitiativesNew York State Issues Public Notice of Draft MS4 Permit for New York CityNY Appellate Court Issues Important Decision for Municipal Stormwater Regulation

Nuclear

Renewables Year-End Review: M&A, Tax Equity and Finance MarketsPrice-Anderson Act Removal of Litigation Involving a “Nuclear Incident”

Nutrient standards

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

Offshore Wind

Winds of Change: Proposed Revisions to Japan’s Offshore Wind Public Auction ProcessWEBINAR: Wind, Solar & Beyond - The Infocast Webinar SeriesFERC Denies Anbaric Complaint, Announces Technical Conference to Examine Grid Access for Offshore Wind Projects

Oil & Gas

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingOil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment DecisionWhat Impact Review Does the Pennsylvania ERA Require?

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

Commonwealth Court Offers Another Take on Valuing Contaminated PropertyThe Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems

Pennsylvania

Commonwealth Court Offers Another Take on Valuing Contaminated PropertyThe Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems

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

EPA Announces Its Final National Enforcement and Compliance InitiativesPFAS in Drinking Water: EPA Proposes Historic New RegulationNavigating Voluntary Cleanups in a World of Evolving Science

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

Plastics

EPA Considers Classifying Discarded PVC Plastic as Hazardous WasteEPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification UnitsEU Opens Consultation on Rules for Transboundary Plastic Waste Shipments

Podcast

E2 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 EmissionsE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B

Poland

Greenberg Traurig Warsaw Office Establishes Environmental Protection Practice Led by Counsel Barbara Pancer

Policy

Federal Government Continues Efforts to Reform Colorado River OperationsDoreen U. Saia, Steven C. Russo, & Zackary D. Knaub Named to City & State’s 2023 Energy & Environment Power 1009th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating

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

Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage SystemsLessons from Someone Else's Book About a Big Matter I HandledPenalties Under CERCLA for Denying EPA Access to Test

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

public health

New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values‘Environmental Justice for All Act’ Introduced in U.S. SenatePFAS Update: EPA Begins Process of Developing Drinking Water Limits for PFOS and PFOA

RCRA

EPA Announces Its Final National Enforcement and Compliance InitiativesWhat Difference Will Listing 'Forever Chemicals' as Hazardous Substances Make?EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste

REACH

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingBrexit: The Great Repeal Bill and the EU’s Chemicals, Emissions, and Medicines Regimes

Real estate

SFDR Update: European Regulators Issue New Consultation & European Commission Provides New GuidanceLaw360 Pulse | 'Enviro Atty Returns To Greenberg Traurig'Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development Dispute

Regulatory

CBAM Reporting Requirement Begins Oct. 1, 2023June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationMay 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part One

Remediation

Navigating Voluntary Cleanups in a World of Evolving ScienceNinth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred

Renewable Energy

New York City Planning Commission Approves Zoning Changes Supporting City’s Climate GoalsLatin America Energy Updates: May–June 2023June 29 Webinar | Renewables Mid-Year Check: M&A, Tax Equity and Finance Markets

Renewables

June 29 Webinar | Renewables Mid-Year Check: M&A, Tax Equity and Finance MarketsIRS Releases Guidance on Elective Payments and Transferability of Certain Tax Credits9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating

Risk management

June 8 Webinar: EU Carbon Border Adjustment Mechanism (CBAM) RegulationMay 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part OneDOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental Context

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

Cultivating Sustainability: European Commission Greenlights Italy’s EUR 1.7 Billion Agrivoltaic InitiativeIRS Releases Guidance on the Low-Income Communities Bonus Credit Program for Solar and Wind FacilitiesRenewables Year-End Review: M&A, Tax Equity and Finance Markets

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

Commonwealth Court Offers Another Take on Valuing Contaminated PropertyNew York Regulator Releases Draft Policy to Implement Environmental Justice Provisions of NY Climate LawCalifornia Enacts First-of-Their-Kind Laws Requiring Corporate Climate Disclosures

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

The Last Year in CERCLA: Practitioners Should Take NoteA Brief Overview of the Superfund Chemical Excise TaxE2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B

Sustainability

9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, HeatingProposal for an EU Green Claims DirectiveEU to Make Changes to Its Sustainability Reporting Rules and Impose New Obligations on Non-European Companies

Tax

Proposed Treasury Rules on Prevailing Wage and Apprenticeship for Clean Energy Credits Incentivize Use of Project Labor AgreementsU.S. Treasury Announces $5 Billion Allocation of New Markets Tax Credit AwardsCBAM Reporting Requirement Begins Oct. 1, 2023

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

The Severability of Wind Rights from a Surface EstateGreenberg Traurig Launches Storm Uri Texas Litigation TrackerHurricanes Harvey & Irma: Controlling Water, Mold, Bacterial Fallout

Toxic Tort

EPA Announces Its Final National Enforcement and Compliance InitiativesGreenberg 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

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’

Transportation

Potential Financing Models for Zero-Emission Bus Fleets in the UK and Associated InfrastructureProcurement of Zero-Emission Buses in the UK and Associated InfrastructureBatteries Not Included: Challenges and Opportunities for Electric Vehicles and Decarbonisation in the United Kingdom

Trichloroethylene

Minnesota Becomes First State to Ban TCE: Considerations Once a Chemical Is Banned

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

United Kingdom

UK’s Industrial Energy Transformation Fund Grants Now Available to Manufacturing Companies and Data Centre OperatorsTenant Insolvencies in the UK and Contaminated Land Liability Risks Due to COVID-19UK Environment Agency Continues to Issue Coronavirus Disease 2019 Enforcement Suspensions

USMCA

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

Utilities

FERC Approves the Overhaul of PURPA RegulationsFERC Clarifies and Reaffirms ADIT RulesLessons of Hurricane Irma -- State of Florida Focus on Hurricane Preparedness and Infrastructure

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

EPA Announces Its Final National Enforcement and Compliance InitiativesPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage SystemsWetlands Regulation in Pennsylvania After 'Sackett' Ruling

Water quality

EPA Announces Its Final National Enforcement and Compliance InitiativesPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage SystemsWetlands Regulation in Pennsylvania After 'Sackett' Ruling

Webinar

Sept. 26 WEBINAR | Navigating the Hydrogen Horizon: Regulatory UpdateWebinar Recording | Renewables Mid-Year Check: M&A, Tax Equity and Finance MarketsWebinar Recording | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance Explained

Wetlands

Wetlands Regulation in Pennsylvania After 'Sackett' RulingSupreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over WetlandsLocal Preemption and Wetlands in Massachusetts: An Update

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

Zero-Emission

Potential Financing Models for Zero-Emission Bus Fleets in the UK and Associated Infrastructure

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