Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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California's New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds...more

Some Regulations to Reduce GHG Emissions Probably Won’t Be Rolled Back By the New Administration.

This week, the Department of Energy finalized regulations to increase energy efficiency for central air conditioners and heat pumps. The regulations apply to products manufactured or imported into the United States beginning...more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

Sustainable Development Update - December 2016 #2

Sustainable Development Focus - Stanford unveils innovative solar generating station - Stanford News Service - Dec 5 - It was a cold, blustery day in Rosamond, California, but spirits were high in a...more

Clean Power Plan's Future in Jeopardy Under Trump

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national...more

President-Elect Nominates Oklahoma Attorney General to Head EPA

On December 8, 2016, President-Elect Donald Trump confirmed his intention to nominate Oklahoma Attorney General (AG) E. Scott Pruitt to head the U.S. Environmental Protection Agency (EPA). Rumors about Mr. Pruitt’s...more

EPA Proposes Ban on Common Degreasing Chemical TCE

Yesterday, EPA announced its first proposed ban of a new chemical under the amended TSCA (Frank R. Lautenberg Act, Pub. L. No. 114-182 (2016)), which, among other changes, mandated EPA risk assessments of all high-priority...more

EPA Identifies First Ten Chemical Substances For Evaluation Under New TSCA

As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in...more

USDA Funding Leads To First Wood-To-Jet Fuel Commercial Flight

On November 14, 2016, the U.S. Department of Agriculture (USDA) and its partners celebrated the successful journey of the first commercial flight powered in part by a new renewable fuel made from wood waste. The demonstration...more

Bursting at the Seams: Expanded “Purple Pipe” Requirements

Existing on-site water recycling requirements for toilets, urinals and landscaping have applied to buildings of 250,000 gross square feet or larger in the Reclaimed Water Use Map (the “Map”) area since November 2015. The Map...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

Forecast for Energy and Environment Regulations

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

As EPA Sets 2017 Renewable Fuel Volumes, Future Is Unclear

On Nov. 23, 2016, the Environmental Protection Agency (EPA) released its final 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the development and use of...more

EPA Selects First 10 Chemicals for TSCA Risk Evaluations

A Set of "Blueprints" for Future Reviews? - In satisfaction of a mid-December deadline under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has issued the required initial list of ten “high...more

WilmerHale ENsights - December 2016

Welcome to the inaugural issue of WilmerHale ENsights. In this and future editions, we will share weekly energy policy analysis on President-elect Donald Trump’s transition and the priorities of the new Congress. Our...more

European Commission Publishes the New Winter Package

Last month, the European Commission presented a package of measures, known as “the Winter Package”, to strengthen the EU’s competitiveness in adopting and leading the clean energy transition. In addition to promoting energy...more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government...more

EPA Issues Guidance for Testing Pesticides Aimed at Reducing Animal Testing

On November 29, 2016, the U.S. Environmental Protection Agency (EPA) announced the issuance of its new guidance for testing pesticides designed to reduce animal testing for acute dermal toxicity for pesticides, Guidance for...more

EPA Announces Potential Product Categories For The Safer Choice Program

During the Safer Choice Partner and Stakeholder Summit on November 15- 16, 2016, EPA announced that new product categories were under consideration for the Safer Choice chemical program, including arts and crafts, home...more

Energy Policy In The Trump Era: Part 2

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation...more

EPA Proposes Financial Responsibility Requirements for Hardrock Mining Industry - The Proposed Rule Could Set a Precedent for...

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on Dec. 1, 2016, signed a pre-publication version of a proposed rule that seeks to establish financial responsibility requirements for approximately 221...more

Biodiversity reforms debated in NSW Parliament

The biodiversity reform package contains both contentious and long awaited reforms to the threatened species and native vegetation regimes. Dentons provides a snapshot of some of the key reforms currently being debated in the...more

Did Trump’s Election Increase the Odds of NPDES Delegation in Massachusetts? I Sure Hope So.

As I noted last spring, the Baker administration had filed legislation to support NPDES delegation to Massachusetts. At the time, I supported the delegation effort and pleaded with my friends in the environmental community...more

Boletín Mensual de Comercio Internacional: Noviembre Información con Énfasis en la Regulación Comercial y de Arbitraje...

Durante el mes de noviembre destacan los siguientes temas: Comercio, Prácticas Desleales, Competencia Económica, Compras de Gobierno, Subsidios, Solución de Diferencias, Comercio Electrónico....more

Maine DEP's New Multi-Sector General Permit

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

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