In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
5/14/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Pending Litigation ,
Preemption ,
State and Local Government ,
Superfund ,
Trump Administration
President Donald Trump on April 9, 2025, issued an executive order (EO) titled "Protecting American Energy from State Overreach." The EO aims at "unleashing American energy" by removing legal restrictions imposed by state...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
4/4/2025
/ Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Clean Air Act ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Judicial Review ,
NAAQS ,
NESHAP ,
Proposed Rules ,
Regulatory Requirements ,
Rulemaking Process ,
SCOTUS
As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more
3/21/2025
/ Administrative Procedure Act ,
Appeals ,
Atomic Energy Act ,
Bodily Injury ,
Energy Policy ,
Final Rules ,
Hobbs Act ,
Litigation Strategies ,
Nuclear Regulatory Commission ,
Pending Litigation ,
Petition for Writ of Certiorari ,
Regulatory Requirements ,
Split of Authority ,
Statute of Limitations ,
Statutory Interpretation
The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more
3/7/2025
/ Appeals ,
Atomic Energy Act ,
Energy Policy ,
Energy Sector ,
Energy Storage ,
Environmental Policies ,
Government Agencies ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Nuclear Waste ,
Regulatory Requirements ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Liz Craddock sit down for a conversation about hot topics in nuclear waste. This...more
Extended Producer Responsibility (EPR) laws represent a pivotal shift in environmental and sustainability compliance, placing the onus of end-of-life product management on Producers, the parties that produce the products...more
10/18/2024
/ Climate Change ,
Compliance ,
Compliance Dates ,
Data-Sharing ,
Distributors ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Filing Deadlines ,
Importers ,
Imports ,
Manufacturers ,
Plastics ,
Product Packaging ,
Self-Certification ,
Supply Chain ,
Sustainability ,
Waste Management
The U.S. Supreme Court on Oct. 4, 2024, granted certiorari in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Halley Townsend explore the topic of the non-delegation doctrine, specifically in...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into state low carbon fuel standards, with a detailed look...more
A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Alex Holtan and Andy Kriha shine a light on all things carbon markets, both voluntary and...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into the intricacies of ongoing litigation surrounding small...more
In the first episode of our Energy & Natural Resources team's "An Energized Exchange" podcast series, attorneys Andy Kriha and Susan Lafferty sit down for a conversation on all things related to the federal Renewable Fuel...more
Assembly Bill 1305 (AB 1305), also called the Voluntary Market Disclosures Act, is a new California statute requiring companies to make certain disclosures if they make claims in the state regarding greenhouse gas (GHG)...more
This episode of the "Eyes on Washington" podcast series by Holland & Knight's Public Policy & Regulation Group is presented by attorneys Halley Townsend, Andy Kriha and Alex Holtan of the firm's Greenwashing Mitigation Team....more
The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more
8/16/2023
/ Carbon Off-Set Credits ,
CFTC ,
Climate Change ,
Commodities ,
Corporate Governance ,
Corporate Misconduct ,
Enforcement Authority ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Fraud ,
Green Guides ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
Unfair or Deceptive Trade Practices ,
Whistleblowers
The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more
7/6/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article I ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Non-Delegation Doctrine ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
In this episode of our Public Policy & Regulation Group's "Eyes on Washington" podcast series, energy attorneys Andy Kriha and Susan Lafferty provide an update on the Renewable Fuel Standard final rule. Their conversation...more
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
6/30/2023
/ Advertising ,
Carbon Off-Set Credits ,
Climate Change ,
Environmental Claims ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Recycling ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
In this episode of our Public Policy & Regulation Group's "Eyes on Washington" podcast series, attorneys Meaghan Colligan and Andy Kriha and Public Affairs Advisor Hannah Coulter introduce Holland & Knight's Greenwashing...more
A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more
6/6/2023
/ Advertising ,
Airline Deregulation Act ,
Airlines ,
Carbon Emissions ,
Carbon Off-Set Credits ,
Class Action ,
Department of Transportation (DOT) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
Preemption