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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

South Florida — The Front Lines of Climate Change?

Two related items about climate change resilience and adaptation caught my eye this week. First, the American Academy of Actuaries issued a report on “The National Flood Insurance Program: Challenges and Solutions.” Those...more

EPA Doubles Down on Regulatory Reform Outreach, But is More Necessarily Better?

by Clark Hill PLC on

EPA continues to create mechanisms for stakeholders to use in submitting rule candidates for repeal, replacement, or modification, in implementation of the Trump Administration's regulatory reform Executive Orders (see...more

Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible

by Beveridge & Diamond PC on

Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place. This passage of time often results in the loss or disappearance of...more

Green Chemistry & Engineering Conference June 13-15, 2017, Reston, Virginia

by Bergeson & Campbell, P.C. on

The 21st Annual Green Chemistry & Engineering Conference (GC&E), hosted by the American Chemical Society’s (ACS) Green Chemistry Institute, will be held in Reston, Virginia on June 13-15, 2017. GC&E is a gathering...more

Proposition 65 & California Cannabis Businesses

by Fox Rothschild LLP on

Cannabis business owners in California should take note if they are unaware that Proposition 65 applies to them. Among other requirements, Proposition 65 (aka the Safe Drinking Water and Toxic Enforcement Act of 1986)...more

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

ML Strategies Alert - FY2018 Massachusetts Budget Update: House Ways and Means Budget

On Monday, April 10th, the House Ways and Means Committee proposed a $40.3 billion budget for FY2018 that calls for increasing spending by 3.8 percent, or about $1.47 billion, above FY2017 levels. The spending increase is...more

EPA Requests Comments on Regulatory Rollbacks

by McDermott Will & Emery on

Last week, the US Environmental Protection Agency (EPA) published a request for comment asking for “input on regulations that may be appropriate for repeal, replacement, or modification.” EPA’s request is part of a federal...more

IRS Releases 2017 Section 45 Production Tax Credit Amounts

On April 12, 2017, the Internal Revenue Service (IRS) published the 2017 inflation-adjustment factors and reference prices used in the calculation of renewable energy production tax credits under IRC section 45. That guidance...more

Retailers Beware! Dollar General Just Hit with $1.125 Million Judgment for Improper Hazardous Waste Handling and Disposal

by Stoel Rives LLP on

Here’s another major reminder to retailers to know their waste streams and to make sure they are being managed and handled properly. On Monday, Kern County Superior Court Judge Sidney P. Chapin ordered Dollar General (Dolgen...more

Maine PUC releases 2015 renewable report

by PretiFlaherty on

Maine energy regulators have released a report on the state's electricity renewable portfolio standard, presenting data from 2015. The Maine Public Utilities Commission's Annual Report on New Renewable Resource Portfolio...more

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- California Attorney General Sues Veterans Charities for Alleged Misuse of Funds- California AG Xavier Becerra filed a lawsuit against charity organizations Warriors Support Group and Central Coast Equine...more

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

by Holland & Knight LLP on

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

D.C. Circuit Strikes Down EPA Reporting Exemptions for Animal Waste

by Saul Ewing LLP on

On April 11, 2017, the United States Court of Appeals for the D.C. Circuit struck down an EPA final rule which exempted animal feeding operations from air pollution reporting requirements. Under the 2008 rule, farms did not...more

Hawaii Senate Committee Passes Bill On Renewable Ground Transportation

by Bergeson & Campbell, P.C. on

On April 4, 2017, the Hawaii State Senate Committee on Ways and Means passed HB 1580, which sets a goal of having all ground transportation in Hawaii run on renewable fuel by 2045. The bill, which does not contain an...more

"President Trump’s 2018 Budget Blueprint: Takeaways for Infrastructure Investors"

On March 16, 2017, the Office of Management and Budget released “America First: A Budget Blueprint to Make America Great Again” (the Blueprint), which outlines the Trump administration’s discretionary funding proposals for...more

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Sustainable Development Update - April 2017 #3

by Allen Matkins on

Sustainable Development Focus - Ice Energy, NRG installing new energy storage solutions for SoCal Edison - Utility Dive - Apr 13 - Ice Energy and NRG Energy are partnering to roll out up to 1,800 Ice Bear 30 storage...more

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

Norway and Sweden agree on extending the El-certificate system

by DLA Piper on

Norway and Sweden have agreed on changes to the El-Certificate support system. This is good news for the RE marked in the Nordics as there have been a lot of uncertainty on the future of the support system, when Norway from...more

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

by Miles & Stockbridge P.C. on

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

Updates to Energy Related Bills in the 2017-2018 California Legislative Session

by Stoel Rives LLP on

In our first post, the Stoel Rives’ Energy Team provided a summary of energy related bills introduced by California legislators during the first half of the 2017-2018 Legislative Session. Provided below is a summary of...more

Second District Holds Adverse Judgment in CEQA Action Resulting from Plaintiff Attorney’s Failure to Lodge Administrative Record...

by Miller Starr Regalia on

In a published opinion filed April 13, 2017, the Court of Appeal for the Second Appellate District, Division 5, held that Code of Civil Procedure (“CCP”) § 473(b)’s provisions allowing mandatory relief upon an attorney’s...more

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