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US EPA Warns of Fraudulent NOVs

Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)....more

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Powering Through the Environmental Challenges of EV Development - Energy Law Insights [Video]

Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors...more

Final ESA Rules Include Fundamental Shift in RPMs

On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The...more

Driving Change: Scaling Up EVs in the U.S.

We are pleased to publish our latest white paper, entitled Driving Change: Scaling Up EVs in the U.S." The report highlights the challenges of expanding electric vehicles (EVs) and EV battery manufacturing in the U.S....more

Final ESA Regulations Issued by the Services

The Endangered Species Act regulations have become a political hot potato, with regulatory revisions occurring each time there is a change in administration. On March 28, the U.S. Fish and Wildlife Service (FWS) and the...more

FWS Prepares for Tricolored Bat Listing With New Guidance

The U.S. Fish and Wildlife Service (FWS) continues to focus on protections for bat species that have been ravaged by white-nose syndrome. In 2023, the Northern Long-Eared Bat (NLEB) was uplisted to endangered status. The FWS...more

SEC Issues Final Climate Disclosure Rules, Paring Down Its 2022 Proposal, With Implications for Greenwashing Claims

The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas...more

The Rise in Greenwashing Claims - Energy Law Insights [Video]

Claims of ‘greenwashing’ – allegations that companies overstate the environmental benefits of renewable energy and other projects – continue to rise. Troutman Pepper’s Andrea Wortzel, Melissa Horne, and Vaughn Morrison...more

Changes to Eagle Take Permitting Finalized by Fish and Wildlife Service

Effective April 12, a new eagle take permitting regime will be in place. The eagle take permitting scheme has been criticized because of its overly conservative and burdensome requirements. These concerns culminated in a...more

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange...more

The Long-Awaited Lead and Copper Rule Improvements Have Arrived

On November 30, 2023, the U.S. Environmental Protection Agency (EPA) released its Proposed Lead and Copper Rule Improvements (LCRI). With this proposal, EPA aims to simplify and expand upon the 2021 Lead and Copper Rule...more

Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

California Adopts Landmark GHG Emissions and Climate Risk Reporting Laws, Eclipsing Anticipated Federal Requirements

California Governor Gavin Newsom signed two landmark bills into law on October 7, imposing stringent new requirements on large companies doing business in California to publicly report their annual greenhouse gas (GHG)...more

Taking Charge: Inside the U.S. Battery Boom

The Inflation Reduction Act (IRA) has supercharged global interest in U.S. battery storage, forcing companies to change their approach to the market. We look at how this generational legislation is driving growth and...more

Fish and Wildlife Service Revises Its Mitigation Policies

Last week, the U.S. Fish and Wildlife Service (FWS) released two revised compensatory policies. The Mitigation Policy and the ESA Compensatory Mitigation Policy reject the stringent goal of net conservation gain used by the...more

Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope

The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with...more

New Jersey Moves Forward with Implementation of First-of-Its-Kind Environmental Justice Statute

In 2020, New Jersey enacted a first-of-its-kind environmental justice statute, the Environmental Justice Law (EJ Law). The EJ Law requires that permit applicants for certain water, waste, and air facilities located, wholly or...more

President Biden Signs Executive Order on Environmental Justice

On April 21, President Biden signed Executive Order No. 14096 (EO), titled “Revitalizing Our Nation’s Commitment to Environmental Justice For All.” The EO builds on prior executive orders by President Biden related to...more

EPA Advances PFAS Strategic Roadmap With Proposed Drinking Water Standards

On March 13, the Environmental Protection Agency (EPA) took the long-anticipated step of proposing maximum contaminant level goals (MCLGs), as well as individual maximum contaminant levels (MCLs), for six PFAS compounds under...more

CEQ issues Notice of Interim Guidance on Greenhouse Gas Emissions in NEPA Reviews

On January 9, the White House Council on Environmental Quality (CEQ) issued an Interim Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change (Interim Guidance) “to assist Federal agencies in their...more

White House Releases New Version of the Climate and Economic Justice Screening Tool

On November 22, 2022, the White House released a new version of the Climate and Economic Justice Screening Tool, an online interactive map that uses datasets on various “burdens” environmental justice communities may face,...more

FWS Finalizes NLEB Uplisting and Advances Tricolored Bat Listing

Following its March 2022 proposal to uplist the northern long-eared bat (NLEB) to endangered status, U.S. Fish and Wildlife Service (FWS) finalized the proposal on November 30, 2022. In addition, the agency proposed to list...more

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