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The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify

As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a...more

Construction Stormwater Permitting in Virginia

Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes,...more

With a Push for Green, It Can Pay to Be Brown: Qualifying for the Inflation Reduction Act’s Brownfields Incentives and the...

Thanks to the Inflation Reduction Act (IRA), which went into effect in January, it can pay to be a brownfield – a term used to refer to a property that is affected by potential or confirmed contamination. Specifically, the...more

U.S. Fish and Wildlife Service Makes Clear Its Commitment to Eagle Protection with a $35 Million Eagle Death Settlement and...

The already-complicated relationship between wind energy and eagles has taken center stage recently. The U.S. Fish and Wildlife Service (USFWS) is ramping up its efforts to protect bald and golden eagles at development...more

More Than Just Lip Service: How Companies Can Make Environmental Commitments That Reduce Business Risk while Saving Money and the...

As part of the “E” or environmental component of Environmental, Social, and Governance principles, companies of all sizes are making environmental commitments a part of their business vision and practice, leading to...more

The Government Contracting And Energy Implications Of Texas Senate Bill 19: Navigating State Regulation Of Corporate Firearm...

Companies with ESG policies – including financing parties investing in renewable energy projects – should assess the impact of Texas Senate Bill 19 on their government contracting opportunities, and should expect and prepare...more

Offshore Wind Positioned To Take Off Under Biden

Europe’s offshore wind sector enjoyed a record $31 billion of investment in 2020. The U.S has some serious work to do to catch up. While development of land-based wind and solar projects continues at a rapid pace across the...more

California Laws Regarding Health And Safety Warnings For Cannabis Have Changed: Are You In Compliance?

A new California Proposition 65 mandate took effect on January 3, requiring health warning labels for all cannabis products sold in the state. Failure to comply with the requirements can and will result in enforcement...more

Nationwide Permit (NWP) 12 Re-Opened For Non-Oil And Gas Pipeline Projects

The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more

U.S. Fish And Wildlife Service To Propose New Low-risk Framework For Eagle Incidental Take Permitting Process

In December, the U.S. Fish and Wildlife Service (USFWS) announced that the agency will be proposing a streamlined eagle incidental take permitting process for wind energy projects that are considered “low-risk” to eagles....more

California Proposes Additional Amendments For Proposition 65 Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed further amendments to clarify the new Prop 65 regulations that went into effect August 30, 2018, which focused on how to provide “clear and...more

Are You In Compliance? Reminder That Changes To California’s Proposition 65 Go Into Effect Tomorrow, August 30

As we previously reported, major changes are going into effect tomorrow concerning California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. ...more

Coffee Now Served With A Cancer Warning In California

Coffee sellers in the State of California will now be required to provide cancer warnings on their coffee products. On March 28, 2018, a California State Court issued a Statement of Decision in a Proposition 65 (Prop 65) case...more

California Cannabis Businesses Take Note: Prop 65 Looms Large

Cannabis businesses may be surprised to learn that Proposition 65, the California law that seeks to warn consumers of chemicals in the products they buy, may apply to many marijuana products. This law requires all parties in...more

Trump Administration Actions To Relax Environmental Regulations Should Eventually Benefit Renewable Energy And Transmission...

Federal environmental requirements and regulations have been relaxed (or are proposed to be relaxed) since President Trump was elected, but those environmental regulatory changes have not yet realized benefits for renewable...more

Reminder: New Texas Stormwater Construction General Permit Now In Effect

As a reminder, the State of Texas’s new stormwater construction general permit is now in effect. The Texas Commission on Environmental Quality’s (TCEQ) has renewed its General Permit to Discharge under the Texas Pollutant...more

Recent Agency Memoranda Impact Enforcement Of Environmental Violations

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have recently issued memoranda concerning civil enforcement of violations, including violations of environmental laws. The January...more

California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued...more

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