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Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a...more

DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more

Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023

The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and...more

EPA Clarifies Requirements for Management of End-of-Life Lithium-Ion Batteries under RCRA

New EPA guidance clarifies the application of federal hazardous waste requirements under the Resource Conservation and Recovery Act (RCRA) to the management and recycling of spent lithium-ion batteries. As the demand for...more

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more

Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation

EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances. CERCLA hazardous substances designation would fulfill an important...more

Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due...more

Eco Oro v. Colombia and the Police Powers Exception: What Companies Should Know When Investing Outside of Their Country

In a mixed decision for international investors, the International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s award finding that the Republic of Colombia breached its obligations...more

OSHA issues ETS COVID-19 Mandate for Large Private-Sector Employers

In a bid to encourage vaccination among the nation’s workers to protect unvaccinated people, OSHA’s new Emergency Temporary Standard calls for private-sector employers with more than 100 employees to mandate COVID-19...more

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate....more

OSHA to Require COVID-19 Vaccination or Testing Mandates for Large Private-Sector Employers

Under a forthcoming OSHA emergency temporary standard, private-sector employers with more than 100 employees will be required to mandate COVID-19 vaccination or weekly testing. Eliminating a testing alternative, federal...more

Houston, the "Energy Capital of the World," Positions to be the "Energy Transition Capital"

The Greater Houston Partnership’s new Energy Transition Strategy report makes an economic case that the Houston region is poised to lead the energy transition, articulating an industry-driven vision that builds on the City of...more

Washington, DC’s COVID-19 Eviction Moratorium Expires

Throughout the COVID-19 pandemic, federal and local governments have adopted varying moratoria on evictions, enacted as emergency legislative protections for tenants facing eviction. The federal moratorium on eviction,...more

Supreme Court Declines to Address CDC Eviction Moratorium

In a closely watched 5-4 decision, the U.S. Supreme Court sided against the challengers to the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC), keeping a stay in place that leaves the...more

Federal Judge Vacates CDC Eviction Moratorium Nationwide

Late last week a federal district court judge for the District of Columbia held that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) went beyond the agency’s statutory...more

Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium

A federal judge in Texas has declared the Centers for Disease Control and Prevention (CDC) eviction moratorium unconstitutional, holding that Article I’s power to regulate interstate commerce and enact laws necessary and...more

Texas Freeze: Crisis Management Best Practices for Businesses Picking Up the Pieces

Be proactive in considering and protecting potentially applicable attorney-client and work product privileges. Communications during and following crisis should always be examined through a lens of compassion....more

President Biden’s “American Rescue Plan”

Last week, President Biden released a fact sheet summarizing a proposed $1.9 trillion COVID-19 stimulus package, which promises to have a broad reaching impact on U.S. businesses. The proposal includes a $15 billion grant...more

Trump vs. Biden: What Could Be Next for the Energy Transition?

The major policy differences between President Trump and Former Vice President Joe Biden on regulations governing energy and the environment could have major impacts on the energy transition. Former Vice President Biden, if...more

Updated CDC Guidelines Impact Business Districts, Office Buildings and Their Tenants, and Users

From mask-wearing to physical separation to staggered schedules and crowding-related transit incentives, implementing these guidelines may reshape office life. Updated CDC guidelines provide information for minimizing the...more

The Regulation of Medical Waste During COVID-19

The rapid spread of the coronavirus has generated new interest in the regulation of medical waste. The COVID-19 crisis is generating a significant amount of regulated medical waste....more

Texas Expands Phase One Business Openings

Only a week after introducing his plan to reopen the Texas economy, Governor Abbott announced two more waves of business reopenings to begin on May 8 and May 18. Hair salons, barber shops, nail salons, tanning salons, and...more

Texas Governor Releases Plan to Reopen the State

Texas charges forward with phased reopening plan commencing May 1, 2020. Retail, restaurants, and movie theaters are now permitted to operate at limited capacity, with plans to expand operating capacity and add another...more

EPA’s Latest COVID-19 Guidance Addresses Field Work at Superfund Sites but Leaves Unaddressed Compliance Challenges for the...

Pandemic-related work stoppages and delays are affecting both field and non-field work at Superfund sites. COVID-19 is impacting Superfund site investigations and response activities. ...more

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