Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Hot Topics for Waste-to-Energy Investors and Developers
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
Deryck Palmer on What’s Next for the Energy Sector
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
Regulatory Challanges When Bringing a Vehicle to Market in the United States
New Consumer Product Regulations: Manufacturers, Importers and Retailers Need to Prepare
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke
Is Fracking Safe?
On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more
You might have to, if the Environmental Protection Agency gets its way in the U.S. Supreme Court on Tuesday.
The court will hear oral arguments in a case dealing with the EPA’s ability to regulate cross-state, or...more
Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more
In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more
The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately one...more
Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more
The Center for Sustainable Economy, a non-profit public interest consulting firm, filed a lawsuit today against the Bureau of Ocean Energy Management (BOEM) in an attempt to halt that agency’s first approved five-year Outer...more
The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more
The Michigan Public Service Commission (MPSC) has approved a 2 MW Phase II for Detroit Edison’s customer-owned SolarCurrents Program. Fifty percent of the renewable energy credit credits (RECs) will be purchased “up-front”...more
Are you a manufacturer of products sold in plastic containers such as tools, consumer electronics, cosmetics, dish soap or soft drinks? Are you a company that rebrands these types of products for sale in your retail stores? ...more
Recently, the Maine DEP adopted amendments to its air licensing regulations, including Chapter 100, Definitions; Chapter 115, Major and Minor Source Air Emission License Regulations; and Chapter 140, Part 70 Air Emission...more
On Monday, the Massachusetts DPU gave an early holiday present to Cape Wind, by approving the power purchase agreement it entered into with NSTAR. When the 27.5% of Cape Wind represented by this PPA is added to the 50%...more
Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex.
There are several alternative...more
Governor Andrew Cuomo has declared that New York State is dedicated to being a leader in renewable energy production and use. As a part of its efforts to encourage the private development of alternative energy technology, the...more
In This Issue:
- Proposal 3 Rejected by Voters
- Patriot Solar Development Efforts Shine
- Reducing Total Lifetime System Costs for Solar Panels
- Sierra Club Ready to Sue on Alleged Air Quality Violations
As real estate development and leasing begin to emerge slowly from the dark days of the Great Recession, it’s important to remember that environmental considerations should not take a back seat to getting a deal done. In...more
Six years after the passage of AB 32, the world finally knows what a metric ton of carbon emissions costs in California, when the California Air Resources Board (CARB or Board) released the results of the November 14, 2012,...more
The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more
California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more
A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more
It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more
On August 21, the D.C. Circuit Court of Appeals, in EME Homer City Generation, L.P v. EPA, F.3d (D. C. Cir. 2012), vacated the Cross-State Air Pollution Rule (CSAPR, also known as the “Transport Rule”) and remanded the...more
A question I often am asked is “What can and should our company do when it receives an information request from EPA or an EPA inspector shows up unannounced at one of our facilities?” This is an excellent question in light...more
Yesterday, California voters rejected Proposition 37, the Right to Know Genetically Engineered Food Act by 53 percent to 47 percent.
The voter initiative would have required labeling of most foods with genetically...more
The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims.
The Green Guides are...more
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