This year’s Earth Week theme, “Our Power, Our Planet,” focuses on renewable energy, specifically “championing solar, wind, hydroelectric, geothermal, and tidal generated energy.”...more
5/2/2025
/ Clean Energy ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
Federal Funding ,
Geothermal Energy ,
Hydropower ,
Renewable Energy ,
Tax Credits ,
Trump Administration
On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more
4/21/2025
/ Conservation ,
Endangered Species Act (ESA) ,
Environmental Policies ,
National Marine Fisheries Service ,
Property Owners ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Statutory Interpretation ,
US Fish and Wildlife Service
When the California Division of Occupational Safety and Health (“Cal/OSHA”) non-emergency COVID-19 prevention regulations took effect on February 3, 2023, they did so with a future sunset date of February 3, 2025, unless...more
In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more
1/29/2025
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Branch ,
Executive Orders ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Paris Agreement ,
Permits ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
Trump Administration ,
Withdrawal
On December 12, 2024, the California Division of Occupational Safety and Health (Cal/OSHA) announced a first-of-its-kind citation for a willful violation of California’s Heat Illness Prevention regulations. Per the Agency’s...more
12/18/2024
/ Cal-OSHA ,
California ,
Climate Change ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Heat Exposure ,
Public Comment ,
Regulatory Requirements ,
Safety Standards ,
Willful Violations ,
Workplace Safety
Summer may be coming to an end, but the regulatory landscape heated up on August 30 when the Occupational Safety and Health Administration (OSHA) published its highly anticipated Heat Injury and Illness Prevention in Outdoor...more
The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more
7/17/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation
This year’s Earth Day theme is “Planet versus Plastics.” When most people think of plastic pollution, their minds likely conjure up an image of single-use plastics—such as grocery bags, beverage container rings, or discarded...more
California recently enacted two landmark climate disclosure laws that will require companies doing business in the State above specified revenue thresholds to report their Scope 1-3 greenhouse gas (“GHG”) emissions and...more
On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more
The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more
9/14/2023
/ Amended Rules ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rapanos v US ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Council on Environmental Quality recently published the “Bipartisan Permitting Reform Implementation Rule,” the second in a two-phase approach to revising National Environmental Policy Act (NEPA) implementation...more
On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances.
“Major sources” (i.e....more
On June 8, 2023, the Council on Environmental Quality, on behalf of the Ocean Policy Committee (OPC), published a Federal Register request for information seeking public input on the development of a new “Ocean Justice...more
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Coal-Fired Plants ,
Electric Generation Suppliers ,
Energy Reform ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Power Plants ,
Proposed Rules
On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an...more
5/12/2023
/ Alabama ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discrimination ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Federal Funding ,
Investigations ,
Public Health ,
Sanitation ,
Title VI
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/11/2023
/ Affordable Clean Energy (ACE) Rule ,
Carbon Capture and Sequestration ,
Climate Change ,
Coal ,
Electricity ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Power Plants
On May 2, 2023, New York passed its 2024 fiscal year budget, including a prohibition on fossil fuel equipment and building systems in new construction. The policy will go into effect in 2026 for new buildings not more than...more
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
Capping off Earth Week 2023, President Biden on Friday signed an executive order expanding the Administration’s Justice40 Initiative and creating a new White House Office of Environmental Justice....more
On February 14, 2023, the Maine Department of Environmental Protection (MDEP) issued a proposed draft rule that provides guidance on reporting requirements and sales prohibitions for products and product components containing...more
Developing a Proactive and Strategic Game Plan -
Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more
2/20/2023
/ CERCLA ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
PFAS ,
Popular ,
Regulatory Standards ,
Retailers ,
Safer Consumer Product Regulations ,
State and Local Government ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses should be actively preparing to comply with the...more
1/25/2023
/ Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Legislative Agendas ,
Manufacturers ,
PFAS ,
Popular ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Regulatory Standards ,
Threshold Requirements ,
Workplace Safety
On December 15, 2022, the California Occupational Safety & Health Standards Board (Board) adopted COVID-19 prevention non-emergency workplace standards in a 6-1 vote...more