As a result of ongoing discussions, the European Parliament and the Council of the European Union announced on December 13, 2022, that a provisional agreement had been reached to implement a European Union (“EU”) Carbon...more
Long awaited, the U.S. Environmental Protection Agency (“EPA”) last week released the proposed Renewable Fuel Standard (“RFS”) “set” rule. The set rule represents a new era for EPA in setting biofuel targets, as the targets...more
The Federal Acquisition Regulatory Council (“FAR Council”) published a proposed rule in the Federal Register on November 14, 2022, that would create several significant compliance obligations for federal contractors....more
12/7/2022
/ Compliance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Register ,
Greenhouse Gas Emissions ,
Investors ,
Popular ,
Proposed Rules ,
Securities and Exchange Commission (SEC)
A technological error in the online comment portal on sec.gov has prevented the Securities and Exchange Commission (“SEC”) from receiving comments on twelve rule proposals (the “Affected Proposals”), according to a new SEC...more
The Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental...more
The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more
Since 2021, the Administration has released several mapping tools addressing environmental and health impacts on environmental justice (“EJ”) communities....more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) recently released the final rule in a rulemaking trilogy collectively known as the “Mega Rule” — a set of regulations designed to improve pipeline safety by...more
The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more
On March 28, 2022, the Environmental Protection Agency (“EPA”) published its Final Strategic Plan (“Strategic Plan”) setting forth the agency’s priorities over the next four years based on seven strategic goals focused on the...more
On March 21, 2022, the SEC issued a Proposing Release setting out sweeping new requirements for climate change disclosures. If finalized as proposed, these climate disclosure rules would require dramatic changes to corporate...more
4/11/2022
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
ICFR ,
Proposed Rules ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
Following hot on the heels of the eagerly anticipated release of a proposed rule regarding climate-related disclosures (The Enhancement and Standardization of Climate-Related Disclosures for Investors), the Securities and...more
In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more
The Securities and Exchange Commission (“SEC”) released a proposed rule on March 21, 2022, that would require U.S. and foreign private issuers to provide certain climate-related information in their registration statements...more
Several environmental groups recently filed a suit (the “Complaint”) challenging two EPA rules (the “PFAS rules”) that added a total of 175 PFAS chemicals to the list of toxic chemicals subject to reporting under what is...more
On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more
In 2021, there was sustained and fast-paced executive action from the Biden administration focused on emphasizing and addressing the environmental and human health effects of per- and poly-fluoroalkyl substances, more...more
1/26/2022
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joe Biden ,
PFAS ,
Recordkeeping Requirements ,
Reporting Requirements ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The Environmental Protection Agency (“EPA”) launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “Roadmap”) on October 18, 2021. EPA presents the Roadmap as a comprehensive approach outlining the...more
EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource...more
On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) proposed the long-awaited and much anticipated renewable fuel targets for 2020, 2021, and 2022 under the federal Clean Air Act’s (“CAA”) Renewable Fuel...more
The 2021 United Nations Climate Change Conference (COP26) produced some breakthrough pledges, a draft rulebook for an international carbon market, and some big aspirations. The agreement reflects a much more robust approach...more
Ambitions to decarbonize the power sector by 2035 face a number of significant hurdles — the most intractable of which may be the extent of corresponding highvoltage transmission infrastructure necessary to accommodate the...more
10/25/2021
/ Biden Administration ,
Carbon Emissions ,
Eminent Domain ,
Energy Policy ,
Energy Policy Act ,
Energy Reform ,
FERC ,
Oil & Gas ,
Pending Legislation ,
Power Grid ,
Power Infrastructure ,
Public Land ,
Renewable Energy ,
Transmission Grid
In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more
10/22/2021
/ Clean Water Act ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Effluent Limitations ,
Enforcement Guidance ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Exposure ,
Wastewater
The Environmental Protection Agency (“EPA”) recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice (“EJ”). The mapping tool displays: the location of...more
On July 12, 2021, Physicians for Social Responsibility (“PSR”) issued a highly speculative report that raised concerns about a chemical approved by the EPA in 2011 for use in hydraulic fracturing fluid that “might” degrade...more