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Understanding the Brighter Tomorrow Act: A New Era for Solar Energy Development in Maryland

Maryland has long been a solar-friendly state, and the Brighter Tomorrow Act, signed into law by Gov. Wes Moore last month, will expand access and adoption of solar energy. The legislation is both a supportive and...more

The District Takes Significant Steps Toward Reducing Greenhouse Gas Emissions

District of Columbia Mayor Muriel Bowser signed two significant pieces of legislation recently to build on the success of the Clean Energy DC Omnibus Act of 2018 and to further help transition the District to a new energy...more

Where Does ESG-Related Disclosure Reporting Stand?

Our earlier blog post, “Companies Should Know Benefits and Risks of ESG Reporting,” provided an overview of the Environmental, Social and Governance (“ESG”) metrics, why these metrics are important to companies and...more

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more

Recent Court Decisions Demonstrate that a Non-Compliant Phase I ESA May Jeopardize a Real Property Purchaser’s Defense Status

It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more

Maryland Board of Public Works Solicits Comments to Proposed Redraft of Maryland Tidal Wetland Regulations by January 31, 2020

For the first time in more than 30 years, Maryland’s wetland regulations will undergo a review and update, for which the Maryland Board of Public Works’ Wetlands Administration (“BPW”) is soliciting comments on or before...more

EPA’s Partnership Policy Formally Delegates Primary Enforcement Implementation to State Agencies While Retaining Concurrent...

On July 11, 2019, the Environmental Protection Agency (the “EPA”) finalized its policy (the “Policy”) to defer environmental investigations and enforcement actions to authorized state agencies as the “primary implementer.”...more

EPA Solicits Comments Regarding Future of Cost-Benefit Analyses in the Rulemaking Process

Last month, the Environmental Protection Agency (“EPA”) issued an Advance Notice of Proposed Rulemaking (“ANPRM”), entitled “Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking...more

Recent BUILD Act “Builds” on Existing Brownfields Program through Additional Liability Protection and Redevelopment Incentives

Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more

Despite Efforts to Roll-Back Other Program Requirements, EPA Administrator Scott Pruitt Continues to Prioritize Superfund Cleanups

U.S. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has made it clear that one of his top priorities during his tenure is to expedite cleanups at contaminated sites across the country. To achieve this goal...more

New Wave of Climate Change Related Litigation Focuses on Industry

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

EPA Given Additional Time to Ponder Next Steps on Clean Power Plan as Court Grants Another Stay

Over the last week, the U.S. Court of Appeals for the District of Columbia Circuit stayed two high-profile litigations concerning the regulation of carbon dioxide emissions from new and existing coal-fired power plants. By...more

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

A New Budget, a New EPA Administrator, and New Uncertainty for Superfund Cleanups

When Scott Pruitt took over the post as Administrator of the United States Environmental Protection Agency (EPA), he made it clear that one of his top priorities was to expedite cleanups at contaminated sites across the...more

Environmental and Energy Policy Round-Up: Status of Regulations and Key Decisions under the New Administration

There has been much discussion lately regarding the new Administration’s efforts to review and possibly “roll-back” several environmental and energy-related regulations issued by the Environmental Protection Agency (EPA), the...more

EPA’s Budget was Cut How Much? Making Sense of the White House’s “Budget Blueprint to Make America Great Again"

On March 16, the White House released its proposed fiscal year 2018 budget outline entitled “A Budget Blueprint to Make America Great Again.” Fully realizing one of the President’s priorities—to ease the burden of Federal...more

The Honeymoon Will Soon Be Over - D.C.’s Department of Energy and Environment to Begin Enforcing New Mold Assessment and...

By August 2017, the District of Columbia Department of Energy and Environment (DOEE) reports that it will begin to enforce recently promulgated Mold Assessment and Remediation Licensure Regulations (Regulations) for the...more

'Twas the Night Before Christmas - Not a Creature Was Stirring, Except EPA - EPA Releases Final Fracking Report and General...

As the Obama era comes to a close, on Christmas eve the U.S. Environmental Protection Agency (“EPA”) issued its final report on "Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water Cycle on...more

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

HUD to Fund $120 Million for Its Choice Neighborhoods Grant Program

The U.S. Department of Housing and Urban Development (HUD) will be accepting grant applications from eligible applicants through June 28, 2016, for HUD’s Choice Neighborhoods Implementation Grants program, which supports the...more

CDFA Creates New Brownfields Project Marketplace to Advise on Projects and Financing Resources --- Online Marketplace Scheduled...

The Council of Development Finance Agencies (“CDFA”), a national association dedicated to the advancement of development finance concerns and interests, announced the creation of the Brownfields Project Marketplace...more

EPA Investigates Alabama State Environmental Agency for Alleged Violation of Civil Rights Act

In an unprecedented action, the Environmental Protection Agency (EPA) is investigating the Alabama Department of Environmental Management (ADEM), one of its state counterparts, for alleged civil rights violations under Title...more

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

EPA Launches eDislcosure for Self-Reporting Violations

As expected and last reported in our June 2015 blog, the U.S. Environmental Protection Agency (EPA) on December 9, 2015, launched eDisclosure — EPA’s updated, electronic voluntary audit and disclosure reporting system. Under...more

U.S. Utility Scale Solar Power Projects Projected to Increase

A recent study by the Lawrence Berkeley National Laboratory (“Berkeley”) reports that the solar energy generation system will continue to grow over the next few years with “significant expansion . . . both in terms of volume...more

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