We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more
3/12/2025
/ Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Corporate Counsel ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Legislative Agendas ,
New York ,
Oil & Gas ,
Superfund
I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more
3/4/2025
/ Administrative Procedure Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Budget ,
Government Agencies ,
Nominations ,
Permits ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Authority ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration
President Trump began his second term by issuing a barrage of executive orders, memoranda, and other directives, many of which targeted U.S. energy policy and the federal employees who implement it. Trump had campaigned on...more
1/24/2025
/ Clean Energy ,
Climate Action Plan ,
Climate Change ,
Energy & Climate Debates ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Offshore Wind ,
Paris Agreement ,
Permits ,
Renewable Energy ,
Solar Energy ,
Tax Credits ,
Trump Administration ,
Wind Power
On January 14, 2025, President Biden signed an Executive Order to advance the United States’ leadership in artificial intelligence (AI) infrastructure. This comprehensive directive underscores the critical role of AI in...more
1/17/2025
/ Artificial Intelligence ,
Clean Energy ,
Data Centers ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Geothermal Energy ,
Infrastructure ,
National Security ,
Renewable Energy
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more
1/14/2025
/ California ,
Carbon Emissions ,
CERCLA ,
Climate Action Plan ,
Climate Change ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Public Health ,
State and Local Government
With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
State and Local Government ,
Superfund
Earlier this week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the...more
Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more
As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court. In my little world, people are particularly concerned...more
11/4/2024
/ Administrative Law Judge (ALJ) ,
Chevron Deference ,
Climate Change ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Federal v State Law Application ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agencies ,
SCOTUS
On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more
10/17/2024
/ Carbon Capture and Sequestration ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Agenda ,
Regulatory Requirements ,
Utilities Sector
Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more
10/2/2024
/ Administrative Procedure Act ,
Chemicals ,
Chevron Deference ,
Citizen Suits ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Judicial Review ,
Statutory Authority ,
Statutory Interpretation ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more
In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 -
After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more
9/19/2024
/ Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Reform ,
Renewable Energy ,
Utilities Sector
Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more
4/23/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund
On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more
4/10/2024
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Clean Air Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Motor Vehicles ,
NGOs ,
Preemption ,
Regulatory Requirements
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more
On February 7, 2024, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3. This is a significant reduction from the current 12.00 ug/m3 standard and a victory for...more
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it...more
Last month, I advised plastics manufacturers to prepare for more litigation. Although I am generally loath to speculate, it already looks as though this prediction is coming true. Earlier this month, PennEnvironment and...more
An article in Science published last week indicates that the mortality risk from exposure to PM2.5 from coal-fired electric generating units is roughly twice as high as the risk posed by PM2.5 from other sources. According...more
Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo. At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a...more
Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...more
11/7/2023
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
Last week, a number of Democratic Senators filed an amicus brief in Loper Bright Enterprises v. Raimondo, arguing that the Supreme Court should not overrule Chevron. The first heading under the argument section of the brief...more
Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. ...more
Greenwire (subscription required) reported this week that the Fish & Wildlife Service Recovery Plan for the Oregon spotted frog estimates that the cost to achieve recovery of the frog will be roughly $2.7 billion over 40...more