In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the judiciary....more
By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage....more
4/8/2024
/ Building Codes ,
Climate Change ,
Coastal Real Estate ,
Due Diligence ,
FEMA ,
Flood Insurance ,
Flooding ,
Greenhouse Gas Emissions ,
NOAA ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Requirements ,
Rising Sea Levels ,
Risk Mitigation ,
Severe Weather
On October 28, 2022, the U.S. Environmental Protection Agency (“EPA”) listed 1,4-dioxane on the Fifth Contaminant Candidate List (“CCL 5”). This is an important step to EPA’s potential regulation of 1,4-dioxane under the Safe...more
Workers may be exposed, and ultimately injured, by exposure to 1,4-dioxane. The principal pathway of exposure, as discussed below, is through inhalation....more
In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more
9/23/2022
/ Cancer ,
Consumer Product Companies ,
Cosmetics ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
OEHHA ,
Personal Care Products ,
Proposed Legislation ,
Proposition 65 ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals
There is no federal drinking water standard for 1,4-dioxane, but as illustrated by a recent press release for the Industrial Excess Landfill Superfund Site in Ohio, the U.S. Environmental Protection Agency (EPA) and state...more
1,4-Dioxane is an emerging contaminant. Like “traditional” volatile organic compounds, it has the potential to volatilize and enter indoor air. This article explores why businesses should consider conducting a VI assessment...more
As illustrated by the May 11, 2022, press release for the Industrial Excess Landfill Superfund Site in Uniontown, Ohio, the U.S. Environmental Protection Agency (“EPA”) and state environmental agencies have begun directing...more
On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern. EPA’s proposed “Explanation of Significant...more
The State of New York is continuing to implement the New York Climate Leadership and Community Protection Act (CLCPA), which set a December 31, 2020 deadline for the promulgation of statewide greenhouse gas (GHG) emission...more
The State of New York is mobilizing to implement the economy-wide greenhouse gas (“GHG”) emission reductions required by the New York Climate Leadership and Community Protection Act (“CLCPA”). This landmark statute, which...more
On July 15, 2020, the Council on Environmental Quality (“CEQ”) promulgated comprehensive amendments to the CEQ regulations implementing the National Environmental Policy Act of 1969 (“NEPA”). This Client Alert summarizes the...more
Climate change is expected to have a significant impact on existing real estate. According to a government assessment, by 2050 up to $106 billion of United States real estate will be below sea level....more
5/21/2020
/ AAI ,
Building Codes ,
Climate Change ,
Due Diligence ,
Environmental Protection Agency (EPA) ,
FEMA ,
Flooding ,
Greenhouse Gas Emissions ,
Real Estate Development ,
Real Estate Investments ,
Rising Sea Levels
On June 20, 2019, the New York State legislature enacted the Climate Leadership and Community Protection Act. Governor Andrew Cuomo is expected to sign the bill into law....more
6/24/2019
/ Air Pollution ,
Climate Action Council ,
Climate Change ,
Community Protections ,
Department of Environmental Conservation ,
Electricity ,
Energy Efficiency ,
Environmental Justice ,
Fossil Fuel ,
Governor Cuomo ,
Greenhouse Gas Emissions ,
Pending Legislation ,
Renewable Energy ,
Toxic Exposure
The gravity of the problem of climate change is rapidly coming into focus. On November 23, 2018 thirteen federal agencies under the leadership of the National Oceanic and Atmospheric Administration, including among others the...more
1/9/2019
/ Acquisitions ,
Climate Change ,
Corporate Counsel ,
Corporate Social Responsibility ,
Department of Energy (DOE) ,
Due Diligence ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Financial Reporting ,
Global Warming ,
Information Reports ,
Mergers ,
NOAA ,
Popular ,
Risk Assessment ,
Risk Management ,
Supply Chain ,
Target Company
On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more
1/8/2019
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
National Environmental Policies ,
Navigable Waters ,
Obama Administration ,
Permits ,
Proposed Rules ,
Rapanos v US ,
Regulatory History ,
Rulemaking Process ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States
On November 23, 2018, the United States government released Volume II of its Fourth National Climate Assessment. The report assesses the effects of the expected rise in sea levels resulting from global climate change,...more
12/19/2018
/ Building Codes ,
Climate Change ,
Coastal Real Estate ,
Due Diligence ,
Environmental Protection Agency (EPA) ,
FEMA ,
Flooding ,
Greenhouse Gas Emissions ,
Information Reports ,
National Flood Insurance Program ,
Real Estate Development ,
Real Estate Investments ,
Rising Sea Levels