On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a...more
On July 31, 2023, the White House Council on Environmental Quality (CEQ) proposed to update its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. Reflecting the increasingly...more
The Bureau of Land Management (BLM) published a Proposed Rule on June 16, 2023, that would, if adopted, amend its existing right-of-way regulations to promote solar and wind energy development on public lands administered by...more
On June 8, 2023, the White House Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), announced the development of a new “Ocean Justice...more
Today, President Biden signed a new executive order further directing all federal agencies to prioritize environmental justice (EJ) initiatives in their core missions. The Executive Order, entitled Revitalizing Our Nation’s...more
The Bureau of Ocean Energy Management (BOEM) recently released for public comment a notice of proposed rulemaking (NPRM) that would, if adopted, comprehensively update its Outer Continental Shelf (OCS) renewable energy...more
The Massachusetts Land Court recently struck down a local planning board’s denial of an application for a permit for a large-scale solar project as arbitrary and capricious based on conflicting decisions the board had...more
What Happened: New York State Governor Kathy Hochul signed the “Cumulative Impacts Bill” into law. The law expands existing environmental review procedures under the State Environmental Quality Review Act (SEQRA), the state...more
In Tracer Lane II Realty, LLC v. City of Waltham, Case No. SJC-13195 (June 2, 2022), the Massachusetts Supreme Judicial Court affirmed the Land Court's holding that City officials violated state law when they determined that...more
On June 6, the New Jersey Department of Environmental Protection (DEP) officially published the highly-anticipated proposed implementing rules of the state’s Environmental Justice Law, N.J.S.A. 13:1D-157. The statute requires...more
New York’s Climate Justice Working Group (“CJWG”) recently released draft criteria that will be used to identify “Disadvantaged Communities,” (“DACs”) as defined by the Climate Leadership and Community Protection Act (“CLCPA”...more
Pennsylvania — one of the earliest states to adopt an Environmental Rights Amendment to its constitution, in 1971 — has recently taken steps to expand its longstanding commitment to environmental justice (EJ).
On October...more
Overview and Potential Action for Industry Stakeholders -
On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...more
On June 26, 2021, in the waning hours of Oregon’s legislative session, the legislature passed House Bill 2021 (H.B. 2021 or the Act) - Oregon’s take on sweeping climate legislation for retail electricity generation. Notably,...more
On May 7, the South Coast Air Quality Management District (South Coast AQMD) adopted Rule 2305 (the “Rule”) aimed at regulating nitrogen oxide (NOx) and diesel particulate matter emissions associated with truck traffic at...more
On April 30, 2021, EPA Administrator Michael Regan signed the Biden EPA’s first proposed rule to address greenhouse gas emissions and climate change. The nearly 300-page proposal goes into great detail about how EPA proposes...more
Key Takeaways -
• On September 18, 2020, New Jersey Governor Phil Murphy signed landmark environmental justice legislation into law. The law (S232), which the state legislature passed last month, requires the New Jersey...more
Key Takeaways -
What Happened: On August 27, 2020, the New Jersey state legislature passed landmark environmental justice legislation requiring the New Jersey Department of Environmental Protection (“NJDEP” or the...more
On April 14, the Massachusetts Department of Energy Resources (DOER) filed emergency regulations governing its SMART (Solar Massachusetts Renewable Target) program, the state’s current solar incentive program. Among other...more
Key Takeaways -
• Legislative Action: On April 12, Virginia Governor Ralph Northam signed the Clean Economy Act (Act), establishing significant new requirements for renewable energy, energy storage, and energy efficiency....more
The United States Department of Agriculture (USDA) published its interim regulations establishing the U.S. Domestic Hemp Production Program on Thursday, October 31. The interim regulations became effective upon publication...more
The United States Department of Agriculture (USDA) has released a draft of its interim final rule establishing the U.S. Domestic Hemp Production Program, in advance of the rule’s Federal Register publication, which is...more
Maryland’s Governor Lawrence Hogan has issued an Executive Order establishing a task force responsible for evaluating the siting of new solar and wind energy projects throughout Maryland. Gov. Hogan’s actions were prompted by...more
Under a new statute signed into law on July 19, the North Carolina legislature directed the State’s Environmental Management Commission to develop regulations for decommissioning utility-scale solar and wind energy projects...more
The Maryland Court of Appeals has unanimously held that the Maryland Public Service Commission’s authority to approve the construction and siting of energy generating systems preempts local zoning authority: “Ultimately, the...more