In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more
5/22/2024
/ BOEM ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Infrastructure ,
Marine Mammal Protection Act (MMPA) ,
National Marine Fisheries Service ,
Offshore Wind ,
Renewable Energy ,
Wind Power
The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more
In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more
10/25/2023
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Diesel Fuel ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Maritime Transport ,
National Emissions Standards ,
OIG ,
Pollution Control ,
Ports ,
Regulatory Oversight ,
Shipping ,
Vessels
Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established...more
The offshore wind industry stands to gain additional momentum this summer as the Inflation Reduction Act (IRA) moves through Congress to its anticipated passage. The budget reconciliation package associated with the bill...more
8/10/2022
/ Biden Administration ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Infrastructure ,
Investment Tax Credits ,
Maritime Transport ,
Offshore Wind ,
Pending Legislation ,
Regulatory Agenda ,
Renewable Energy ,
Vessels ,
Wind Power
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels....more
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more
4/12/2022
/ Certification Requirements ,
Clean Water Act ,
Delays ,
Energy Projects ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Judgment on the Merits ,
Louisiana et al v American Rivers et al ,
Pipelines ,
SCOTUS ,
Section 401 ,
Stays ,
Trump Administration
At his confirmation hearing earlier this year, Attorney General Merrick Garland identified the policing of corporate crime and enforcement as a key priority of the Biden administration. In an address at the ABA’s recent...more
In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger...more
6/8/2021
/ CERCLA ,
Clean Water Act ,
Clean-Up Costs ,
Consent Decrees ,
Contribution Claims ,
Cost Recovery ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Guam ,
Guam v United States ,
Hazardous Waste ,
SCOTUS ,
Statute of Limitations ,
U.S. Navy
The Environmental Protection Agency (EPA) has announced the scheduled termination of its controversial Enforcement Discretion Policy (Policy). In a memorandum dated June 29, 2020 (Memorandum), Susan Bodine, the Assistant...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more
As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more
In mass casualty and toxic tort litigation, an effective means of providing prompt and efficient compensation to victims can benefit all stakeholders. Claimants receive prompt payment for lost property or business expenses,...more
In the post-trial Findings of Fact and Conclusions of Law issued on September 4, 2014, after Phase One of the BP oil spill trial, the United States District Court for the Eastern District of Louisiana found BP Exploration &...more
9/23/2014