The Environmental Protection Agency (EPA) chooses criminal, civil or administrative enforcement based on its assessment of the severity of violations. A significant development in EPA’s enforcement strategy has been the...more
Maryland has long been a solar-friendly state, and the Brighter Tomorrow Act, signed into law by Gov. Wes Moore last month, will expand access and adoption of solar energy. The legislation is both a supportive and...more
6/4/2024
/ Battery ,
Clean Energy ,
Climate Change ,
Compliance ,
Economic Development ,
Electricity ,
Energy Projects ,
Energy Sector ,
New Legislation ,
Public Service Commissions ,
Renewable Energy ,
Solar Energy ,
Sustainability ,
Tax Credits
The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more
1/25/2023
/ ASTM ,
CERCLA ,
Contaminated Properties ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Liability ,
Property Owners ,
Regulatory Standards ,
Statutory Defenses ,
Superfund
In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more
1/20/2023
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Regulatory Standards ,
Toxic Chemicals ,
Toxic Exposure ,
Water Supplies
The U.S. Environmental Protection Agency (U.S. EPA) recently proposed to change annual chemical release reporting requirements for industrial facilities that manufacture, process or otherwise use even very small quantities of...more
We summarized in July the status of ethylene oxide (EtO) federal regulation and litigation risks facing companies using EtO. Since then, two personal injury jury trials claiming damages from EtO exposure have concluded – one...more
District of Columbia Mayor Muriel Bowser signed two significant pieces of legislation recently to build on the success of the Clean Energy DC Omnibus Act of 2018 and to further help transition the District to a new energy...more
Our earlier blog post, “Companies Should Know Benefits and Risks of ESG Reporting,” provided an overview of the Environmental, Social and Governance (“ESG”) metrics, why these metrics are important to companies and...more
7/25/2022
/ Clean Air Act ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Insurance Industry ,
Mutual Funds ,
Publicly-Traded Companies ,
Regulatory Agencies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
West Virginia v EPA
In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more
7/22/2022
/ Biden Administration ,
Cancer ,
Chemical Compounds ,
Chemicals ,
Comment Period ,
Enforcement Priorities ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Regulatory Agenda ,
Regulatory History ,
Regulatory Oversight ,
Risk Management ,
Rulemaking Process ,
Toxic Chemicals
In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more
Per- and polyfluoroalkyl substances (“PFAS”) are everywhere these days. And not just in consumer products that we use every day or in drinking water and soils, but also in the news. This is because the science around PFAS...more
It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more
The rise in demand for clean and renewable energy is driving the need for available rooftop space to employ solar energy systems. Because development costs have drastically decreased and the regulatory climate has become even...more
Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more
You may have heard the term “ESG” before. It has been used with increasing frequency for a few years, but the term and ESG-minded business practices have gained more traction over the last year or so. ESG stands for three...more
Last month, the Environmental Protection Agency (“EPA”) issued an Advance Notice of Proposed Rulemaking (“ANPRM”), entitled “Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking...more
Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more
6/18/2018
/ Appropriations Bill ,
Brownfield Properties ,
CERCLA ,
Commercial Property Owners ,
Contaminated Properties ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Real Estate Development ,
Redevelopment ,
Superfund
U.S. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has made it clear that one of his top priorities during his tenure is to expedite cleanups at contaminated sites across the country. To achieve this goal...more
Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more
2/14/2018
/ Administrative Procedure Act ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Deregulation ,
Draft Guidance ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Lack of Authority ,
Notice and Comment ,
Policy Memorandums ,
Trump Administration ,
Waters of the United States
U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more
Uncertainty and speculation have swirled over the last few months regarding whether U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt would replace the Clean Power Plan (CPP) after proposing to repeal the...more
Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more
9/20/2017
/ Clean Power Plan ,
Climate Change ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Hazardous Waste ,
Hurricane Harvey ,
NPDES ,
Oil & Gas ,
Public Trust Doctrine ,
Rising Sea Levels ,
Safety Violations ,
Sea Levels ,
Shell Oil ,
Toxic Chemicals
During the campaign and thus far in the current administration, the President has prioritized the modernization of the Nation’s infrastructure and promised a $1 trillion investment plan to help fund that vision. There is rare...more
In a recent decision, the U.S. Court of Appeals for the District of Columbia Circuit determined that the U.S. Environmental Protection Agency (U.S. EPA) wrongly invoked its general waiver authority and set the volumes for...more
Over the last week, the U.S. Court of Appeals for the District of Columbia Circuit stayed two high-profile litigations concerning the regulation of carbon dioxide emissions from new and existing coal-fired power plants. By...more