In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more
The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more
At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more
The Internal Revenue Service (IRS) and the US Department of the Treasury (Treasury) recently published proposed regulations (Proposed Regulations) setting forth rules applicable to the credit for the production of clean...more
1/8/2024
/ Energy Projects ,
Energy Sector ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more
The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more
1/23/2023
/ Automotive Industry ,
Capital Markets ,
Cryptocurrency ,
Energy Sector ,
EU ,
False Claims Act (FCA) ,
FDIC ,
Financial Services Industry ,
FinTech ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Tax Credits
On December 1, 2022, the Environmental Protection Agency (EPA) published its proposed “set” rule for the Renewable Fuel Standard (RFS) Program. In addition to setting the volume and percentage standards for renewable fuels...more
The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more
The global impact of our planet’s changing climate garnered significant attention in 2021. The United States rejoined the Paris Agreement at the beginning of the year, and in November, during the United Nations Climate Change...more
The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to...more
How to best address impacts from our rapidly changing climate is an issue that has permeated almost all sectors of the global economy, traversing industries and impacting all. Governments and businesses around the world are...more
In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more
6/16/2021
/ Biden Administration ,
Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Tribal Lands ,
US Army Corps of Engineers ,
Waters of the United States
In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court...more
A very significant step in the development of offshore wind in the United States was reached on May 11, 2021, when the Bureau of Ocean Energy Management (BOEM) approved Vineyard Wind’s 62-turbine offshore wind farm located...more
The Biden-Harris administration has set its sights on an ambitious environmental policy agenda, focusing on climate change and environmental justice as key initiatives, and intends to implement its agenda through an “all of...more
4/23/2021
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of the Interior ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Infrastructure ,
Regulatory Agenda
The US Court of Appeals for the DC Circuit held that EPA’s interpretation that emissions controls under Section 111 of the Clean Air Act must be limited to those that can be applied “at” and “to” a stationary source was...more
Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more
12/15/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more
6/22/2020
/ Administrative Authority ,
Atlantic Coast Pipeline LLC v Cowpasture River Preservation Association ,
Easements ,
Environmental Policies ,
Exceptions ,
Federal Land ,
Forest Service ,
Jurisdiction ,
Lack of Authority ,
Land Developers ,
Mineral Leasing Act ,
National Park Service ,
National Parks ,
Oil & Gas ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sierra Club ,
Special Use Permit ,
Trails Act ,
United States Forest Service v Cowpasture River Preservation Association
The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’...more
The US Supreme Court declined to review an appeals court decision holding that the one-year clock for states to issue a certification under Section 401 of the Clean Water Act for a federal permit does not reset if...more
The solicitor general‘s support for a grant of certiorari increases the likelihood the Court will address whether the Clean Water Act is violated by releases of pollutants to groundwater that subsequently enter a “water of...more
The US Environmental Protection Agency and the Army Corps of Engineers’ joint proposed definition of “waters of the United States” would eliminate the regulation of waters with a “significant nexus” to certain other covered...more
The decision could delay the resolution of challenges to the US Environmental Protection Agency’s Clean Water Act regulations and may result in conflicting interpretations from different federal district courts. ...more
The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more
The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more