Cliff Rothenstein

Cliff Rothenstein

K&L Gates LLP

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Federal Government Rewrites the Rules on Getting and Using Chemicals in the Marketplace

This client alert is the second in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes....more

7/14/2016 - EPA Lautenberg Act Manufacturers Toxic Chemicals Toxic Substances Control Act (TSCA)

New Toxic Substances Law Will Have Far-Reaching Impacts on American Business

A lot has changed since the United States celebrated its bicentennial in 1976. From technological breakthroughs to medical treatment of various diseases, the American people have witnessed and experienced significant changes...more

6/29/2016 - Chemicals EPA Lautenberg Act Preemption Toxic Substances Control Act (TSCA)

Environmental Policy Quarterly: Spring 2016

Welcome to the Spring 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. Environmental...more

5/23/2016 - Drinking Water Emergency Managers EPA Natural Gas Safe Drinking Water Act Toxic Substances Control Act (TSCA)

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas...more

5/5/2016 - Department of Transportation (DOT) Federal Funding Federal Highway Administration Fixing America’s Surface Transportation Act (FAST Act) Greenhouse Gas Emissions Highways MAP-21 NPRM Traffic Laws Transportation Industry

NHTSA’s Claimed Jurisdiction Over Software and Applications May Stifle Innovation

Motor vehicle technology is rapidly changing to enhance safety and provide navigation, mobility, and accessibility solutions for drivers. Manufacturer-installed automatic braking, adaptive cruise control, blind-spot...more

4/15/2016 - App Developers Auto Manufacturers Automotive Industry Cybersecurity Hackers Innovative Technology NHTSA Software Developers

$2 Billion In Unused Earmarks Now Available for Transportation Infrastructure Projects

Eligible transportation projects in need of funding now have the opportunity to access roughly $2 billion in previously earmarked federal transportation under recently released guidance from the U.S. Department of...more

3/14/2016 - Construction Industry Critical Infrastructure Sectors Federal Funding Federal Grants Federal Railroad Administration Surface Transportation Transportation Industry

FAST Act Nationally Significant Freight Program to Direct Billions to Priority Corridors

Earlier this month, U.S. Secretary of Transportation Anthony Foxx distributed a letter and fact sheet to transportation stakeholders regarding the newly established Nationally Significant Freight and Highway Projects (NSFHP)...more

2/23/2016 - Department of Transportation (DOT) Federal Funding Fixing America’s Surface Transportation Act (FAST Act) Ports Public Policy Surface Transportation Transportation Corridor

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

1/26/2016 - Aviation Industry Clean Energy Electricity Federal Aviation Administration (FAA) Greenhouse Gas Emissions Inland Waterways National Emissions Standards Public Private Partnerships (P3s) Solar Energy Wind Power

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

1/11/2016 - Construction Industry Critical Infrastructure Sectors Energy Sector Environmental Impact Report (EIR) Fixing America’s Surface Transportation Act (FAST Act) NEPA Permits

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

2/19/2015 - CEQ Climate Change Environmental Policies Environmental Review Greenhouse Gas Emissions Guidance Update Motor Carriers NEPA Trucking Industry

Can You Feel New Regulations in the Air? EPA Announces Steps That It Will Take to Reduce Methane and VOC Emissions from Oil and...

In recent years, the proliferation of oil and gas production, transmission, and distribution activities in the United States has led to a number of regulatory initiatives by state and federal agencies designed to manage new...more

2/4/2015 - Clean Air Act Energy Policy EPA Methane NAAQS Natural Gas Oil & Gas Power Plants Regulatory Agenda Regulatory Standards Volatile Organic Compounds (VOC)

PHMSA Proposes Regulations Claimed to Make Business Easier for Retailers and Transporters and Finalizes a Regulation that Could...

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published two proposed regulations that may positively affect retailers and transporters, if implemented as proposed. In addition, PHMSA finalized a...more

9/10/2014 - Federal Aviation Administration (FAA) FMCSA PHMSA Proposed Regulation Retailers Rulemaking Process Trucking Industry

Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more

8/5/2014 - Department of Transportation (DOT) Ethanol Hazardous Substances NTSB Oil & Gas Oil Spills PHMSA Railroads Railways Safety Precautions Trucking Accident

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

6/26/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

EPA Proposes Major Reductions in Greenhouse Gas Emissions from Existing Power Plants Affecting Everyone Who Produces and Uses...

Last year, we reported on President Barack Obama’s Climate Action Plan[1] (“Plan”) and his directive to the U.S. Environmental Protection Agency (“EPA”) to push forward with rulemaking to reduce carbon dioxide (“CO2”)...more

6/25/2014 - Carbon Emissions EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

EPA Proposes Strict Greenhouse Gas Emissions Standards On New Electric Utilities

The United States Environmental Protection Agency (EPA) has proposed New Source Performance Standards (NSPS) that would set carbon dioxide (CO2) emission limits for certain new fossil-fueled electric utility generating units...more

10/3/2013 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions

President’s Climate Plan - Real policy change or another political dogfight in Washington

On June 25, President Obama announced an ambitious plan to reduce greenhouse gas (GHG) emissions and address climate change making good on a promise he made six months ago in his State of the Union Address when he said: “If...more

6/27/2013 - Barack Obama Climate Change Coal Energy Efficiency Energy Policy EPA Greenhouse Gas Emissions Natural Gas Proposed Legislation Renewable Energy

EPA Tightens Air Regulations for Emissions During Shutdown, Startup and Malfunction

Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean...more

3/14/2013 - Clean Air Act EPA Exemptions SIP SSM Periods

EPA Proposes Revisions to the Renewable Fuel Program to Prevent Fraud and Protect Innocent Traders in Renewable Identification...

Introduction - In 2007, the Environmental Protection Agency (“EPA”) established a program for trading renewable fuel credits (called “Renewable Identification Numbers” or “RINs”) for companies that were unable to produce...more

2/25/2013 - EPA Fraud Renewable Fuel Standard RINs

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