Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law.
This month we cover: EPA’s new Facility Response Plan requirements for potential...more
8/12/2024
/ Clean Water Act ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Jurisdiction ,
Navigable Waters ,
NRDC ,
Oil & Gas ,
Oil Spills ,
Sackett v EPA ,
SCOTUS ,
Storm Water ,
US Army Corps of Engineers ,
Wetlands
Welcome to the July edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. The Supreme Court has been busy lately, issuing several opinions that will impact...more
7/3/2024
/ Administrative Procedure Act ,
Air Quality Standards ,
Chevron Deference ,
Civil Monetary Penalty ,
Environmental Protection Agency (EPA) ,
Federal Reserve ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Ozone ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations
Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering:
- Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts
- Possible climate/energy bill...more
6/13/2024
/ Climate Change ,
Cybersecurity ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Infrastructure ,
Natural Gas ,
NPDES ,
Proposed Legislation ,
Renewable Energy ,
SCOTUS ,
Water
We are pleased to introduce the inaugural issue of the Real Estate Round Up, a monthly update on current trends, with the first month focusing on Environment and Energy insights. This month’s edition features key topics such...more
5/3/2024
/ Batteries ,
CERCLA ,
Drinking Water ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
Offshore Wind ,
PFAS ,
Renewable Energy ,
Rivers ,
Stormwater Discharge Permits ,
Watershed
On April 10, 2024, the U.S. Environmental Protection Agency (“EPA”) announced a National Primary Drinking Water Regulation (the “Regulation”) which established legally enforceable levels called Maximum Contaminant Levels...more
4/22/2024
/ Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Public Utility ,
Regulatory Requirements ,
Reporting Requirements ,
Safe Drinking Water Act ,
Water
On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more
9/1/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen...more
The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more
On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced that it will seek to promulgate new rules for six per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” in public water...more
3/20/2023
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Public Safety ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Wastewater
Last week, on the final day of the outgoing Baker Administration, the Massachusetts Department of Energy Resources (DOER) released a new proposal for a regional clean energy market. If implemented, this market would be a new...more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
4/30/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Common Law Claims ,
Conflicts of Laws ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Federal v State Law Application ,
Groundwater ,
Hazardous Substances ,
Land Owners ,
MT Supreme Court ,
Potentially Responsible Party (PRP) ,
Preemption ,
SCOTUS ,
Site Remediation ,
Soil ,
State Law Claims ,
Superfund
Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions...more
Matt Connolly, a senior associate in Nutter’s Litigation Department, discussed the Federal Energy Regulatory Commission (FERC) issuing its first enforcement order since regaining a quorum in Nutter Insights. Matt commented on...more
Matt Connolly, a senior associate in Nutter’s Litigation Department, evaluated Federal Energy Regulatory Commission (FERC) enforcement actions in the wake of Chairman Norman Bay’s resignation in Nutter Insights. Matt...more
Legal Update -
Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more
10/20/2016
/ Administrative Law Judge (ALJ) ,
De Novo Standard of Review ,
Discovery ,
Enforcement Authority ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
FERC ,
Government Investigations ,
Market Manipulation ,
Natural Gas Act ,
Trial de Novo