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Carbon Quarterly – Volume 3

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

What a Clean Future Means For Maritime

As the Biden Administration finds its stride in the first 100 days, we are starting to see movement on several of its key priorities. Chief among them: pivoting to a clean energy economy. A campaign that promised investments...more

D.C. Circuit Grants EPA's Request to Keep Clean Power Plan on Ice

On 22 February 2021, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) brought clarity to the current and future status of the U.S. Environmental Protection Agency’s (EPA) 2015 Clean Power Plan...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

D.C. Circuit Vacates Trump's ACE Rule and Deals Biden's EPA New Hand for Regulating Power Plant Greenhouse Gas Emissions

On 19 January 2021, the eve of inauguration for the Biden Administration, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) struck down the Affordable Clean Energy Rule (ACE Rule)....more

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S. Environmental Protection Agency’s (EPA) new total maximum daily load (TMDL) for...more

PFAS - EPA Interim Guidance on How to Say Goodbye to Your "Forever Chemicals"

In response to Congressional direction in the National Defense Authorization Act for Fiscal Year 2020, Public Law No: 116-92, on 18 December 2020, the Environmental Protection Agency (EPA) issued “Interim Guidance on the...more

Climate Policy in the End-of-Year Legislative Package

Late Sunday, President Trump signed into law H.R. 133, the legislative package containing Coronavirus relief, the Fiscal Year 2021 Omnibus bill, and the Energy Act of 2020—the largest energy package to be enacted into law in...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

EPA Expands NPL List - Is Your Company a Potentially Responsible Party?

On 1 September 2020, the United States Environmental Protection Agency (EPA) announced the addition of six sites to the Superfund National Priorities List (NPL). EPA has determined that releases of contamination at these...more

A New Normal? Trump Administration Retooling of Core NEPA Elements

INTRODUCTION - On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to the regulations that implement the National Environmental Policy Act’s...more

COVID-19: President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

The Trump administration issued two executive orders (EOs) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and...more

COVID-19: Economic Recovery and Relief from Environmental Regulation May Go Hand in Glove

On May 19, the President issued an Executive Order on Regulatory Relief to Support Economic Recovery (“EO”) in the wake of the lifting of COVID-19 shelter-in-place orders across the country. The EO directs all federal...more

Start Your Engines: Senate Committee Approves Largest Highway Bill in History

The wheels are officially in motion on major infrastructure legislation in Congress. On July 30, the Senate Environment and Public Works Committee (“EPW”) unanimously approved the recently introduced “America’s Transportation...more

EPA Plans to Set National Drinking Water Standards and Regulate PFAS as a CERCLA Hazardous Substance

On Thursday, February 14, acting EPA Administrator Andrew Wheeler unveiled the agency’s long-anticipated PFAS Action Plan (Plan). PFAS (per- and polyfluoroalkyl substances) are used in firefighting foams and many consumer...more

Navigating Environmental Policy in a Divided Government

The Big Picture - The Environmental Protection Agency (“EPA”) will get lots of tough love from Congress this year, especially from House Democrats, but don’t expect Congress to pass groundbreaking environmental legislation...more

Congress Looking at the Safe Drinking Water Act and Superfund to Regulate PFAS

Despite its long history of use, PFAS (per- and polyfluoroalkyl substances) are increasingly being detected in drinking water in some parts of the country. ...more

Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more

EPA Finalizes Management Standards for Hazardous Waste Pharmaceuticals Rule

The U.S. Environmental Protection Agency (“EPA”) has finalized the long-awaited rule — Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (“Final Rule”)....more

Trump Administration Releases Clean Power Plan Replacement Proposal

Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more

EPA to “Veto” Its Own Veto Authority under the Clean Water Act?

On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a memorandum that has set in motion a process to amend the regulations that govern the...more

What’s The Point (Source)?

New Developments in the Ongoing Debate Concerning Clean Water Act Jurisdiction over Indirect Discharges via Groundwater - In response to a split in the federal circuit courts of appeals and after a long history of...more

Infrastructure: President Trump Turns the Ignition as Congress Prepares to Take the Wheel

Highlighting the need to rebuild America’s “crumbling” infrastructure, President Donald Trump pushed Congress to approve a sweeping infrastructure renewal plan in his State of the Union address this week. While the...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

The Trump Administration’s Automated Vehicles Guidance Hits the Gas Pedal on Innovation

Further accelerating federal regulation of automated vehicles, last week the U.S. Department of Transportation and the National Highway Traffic Safety Administration (“NHTSA”) announced highly anticipated new guidance for the...more

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