Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change.
The H2 Handbook provides a comprehensive...more
On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more
2/2/2021
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
On 7 January 2021, the Trump administration finalized a new rule that limits the scope of the Migratory Bird Treaty Act (MBTA or the Act). Under the new rule (which President Biden has already directed the Department of the...more
Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone - On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC...more
A federal court recently struck down the Trump administration’s 2017 memorandum that had narrowly interpreted the Migratory Bird Treaty Act (MBTA or Act) to exclude incidental bird deaths....more
In her opening statement to an August 11 opinion, United States District Court Judge Valerie Caproni writes: “It is not only a sin to kill a mockingbird, it is also a crime.” Judge Caproni’s literary reference is the...more
The Washington State Department of Ecology (Ecology) recently released “preliminary draft rules” that would grant variances to the Clean Water Act (CWA) Water Quality Standard (WQS) for PCBs at three public and two private...more
As we step into the second month of the New Year, we take a fresh look at areas of potential uncertainty percolating at and around the Federal Energy Regulatory Commission (“FERC” or the “Commission”) that could impact...more
On Wednesday, November 6, 2019, the U.S. Supreme Court heard oral argument in County of Maui, Hawai´i v. Hawai´i Wildlife Fund, a case that considers whether the Clean Water Act (“CWA”) applies to discharges of pollutants...more
Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more