News & Analysis as of

Superfund Climate Change

Proskauer Rose LLP

A New Horizon: State Climate Superfund Laws

Proskauer Rose LLP on

On July 1, 2024, Vermont’s Climate Superfund Act (S 259) went into effect. The law, which is the first of its kind, imposes strict liability on fossil fuel extractors and crude oil refiners who are accountable for 1 billion...more

Cozen O'Connor

NYS Legislative Session Concludes

Cozen O'Connor on

The 2024 New York State legislative session has concluded. The end of the session was largely overshadowed by Governor Hochul’s directive to the Metropolitan Transit Authority (MTA) to halt the implementation of congestion...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

Jones Day on

Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

Foley Hoag LLP - Environmental Law

Vermont Enacts a "Climate Superfund Act" - Uh-Oh!

Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more

Foley Hoag LLP - Environmental Law

One More Problem with the Climate Superfund Act

In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw. While the Act certainly looks much like a tax, I failed to point out that the Act omits what is...more

Foley Hoag LLP - Environmental Law

The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!

As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

ArentFox Schiff

Inflation Reduction Act Commits Significant Resources to Federal Environmental Justice Efforts

ArentFox Schiff on

The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more

Holland & Knight LLP

The Inflation Reduction Act: Summary of the Budget Reconciliation Act

Holland & Knight LLP on

The U.S. Senate on Aug. 7, 2022, passed the Inflation Reduction Act of 2022 (IRA). This comprehensive legislation is the result of many months of negotiations among Democrats to advance some of President Joe Biden's highest...more

BakerHostetler

Inflation Reduction Act Expected to Become Law

BakerHostetler on

Key Takeaways: ..The Senate voted 51-50 on August 7 to pass the Inflation Reduction Act. ..The legislation is expected to pass the House this week without changes and to be signed by President Biden. ..The...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019

Trump to Sign Order Seeking to Clear Gas Pipeline Hurdles - "The administration, which is pushing a policy it calls energy dominance, has been considering an order that would push back against states, including New York,...more

Clark Hill PLC

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 19

Clark Hill PLC on

House Passes Spending Bill That Includes Over $1 Billion in Border-Wall Funding: The House passed a $788 billion spending bill that combines a $1.6 billion down payment for President Donald Trump's controversial border wall...more

Davis Wright Tremaine LLP

The Yanomami Model for Superfund

In a recent editorial, the Wall Street Journal celebrates the new priorities being set by Scott Pruitt’s EPA. Mr. Pruitt, in the Journal’s opinion, is properly elevating the “more immediate” problem of Superfund sites over...more

Holland & Knight LLP

Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

Holland & Knight LLP on

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would...more

Foley Hoag LLP - Environmental Law

Superfund Meets the Reality of Climate Change

What happens when Superfund runs headlong into Mother Nature? Hurricane Sandy provides a vivid answer. As the NY Times reports today, Hurricane Sandy had a significant impact on the Gowanus Canal Superfund Site in Brooklyn,...more

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