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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Morrison & Foerster LLP

Corporate Failings On Climate Change Reporting Revealed

Morrison & Foerster LLP on

Over the past four years in the United States, there has been an increasing disconnect between public and private action on climate. The current administration de-prioritized (and many believe sabotaged) any efforts to...more

Dentons

Offshore wind: floating futures

Dentons on

Globally, some 80% of potential offshore wind power resources are said to lie in waters more than 60 metres deep. These deeper water sites often offer stronger and more continuous wind, but probably cannot be exploited with...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2020

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 19, 2020 open meeting, pursuant to the agenda issued on November 13, 2020. Agenda item E-16 has not been summarized due to...more

Clark Hill PLC

Closing the Loop in the (Renewable) Energy Cycle: Decommissioning Considerations for Renewables

Clark Hill PLC on

Over the past 20 or 30 years, renewables have gained popularity and momentum, and governments and industry groups have actively tackled the new and emerging challenges associated with their project lifecycles. As some of the...more

Wiley Rein LLP

The Continued Challenge Presented by Exposure Considerations in EPA Risk Evaluations

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This week, Erik and I were communicating with a friend and colleague who is an expert technical consultant for TSCA risk evaluations. Specifically, we were exchanging emails on how EPA interprets conditions of use. Our...more

Nossaman LLP

Smelt Get a Review, But No Change In Status

Nossaman LLP on

On November 16, 2020, the U.S. Fish and Wildlife Service (“USFWS”) published its annual review of species that are candidates for listing as either threatened or endangered species, its findings on resubmitted petitions for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and York, Pennsylvania Cement Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Lehigh White Cement Company (“Lehigh”) entered into a November 16th Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollution...more

Hogan Lovells

American Nuclear Infrastructure Act 2020 Safeguards the Future of Nuclear

Hogan Lovells on

Yesterday U.S. Senators John Barrasso (R-WY), Sheldon Whitehouse (D-RI), Mike Crapo (R-ID), and Cory Booker (D-NJ) introduced the American Nuclear Infrastructure Act (ANIA) 2020.  ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Williamsport, Maryland, Grocery Store Owner Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot Food Stores, Ltd. (“Save-A-Lot”) entered into a November 2nd Expedited Penalty Action and Consent Agreement (“Consent Agreement”) addressing alleged...more

Blake, Cassels & Graydon LLP

New Funding in Alberta to Boost Efforts to Reduce Greenhouse Gas Emissions

On November 2, 2020, the Government of Alberta announced it was dedicating up to C$280-million to programs to reduce greenhouse gas (GHG) emissions and create jobs in the province. This funding creates opportunities that may...more

Foley Hoag LLP - Environmental Law

The 4th Circuit Stays Construction of the Mountain Valley Pipeline — A Lesson in Preventing a Fait Accompli

Earlier this week, the 4th Circuit Court of Appeals stayed construction of the Mountain Valley Pipeline. The Court did so with a two-sentence order stating that an opinion would follow. The order was issued hours after oral...more

(ACOEL) | American College of Environmental...

An Oily Test for the Public Trust Doctrine

On November 13, Michigan Governor Gretchen Whitmer (“That woman from Michigan!”) issued a notice to Enbridge Energy that by May 2021 it must cease transport of oil through twin pipelines that traverse the Straits of Mackinac....more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

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FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

K&L Gates LLP

Energy Storage Handbook Vol. 6

K&L Gates LLP on

As a courtesy to our clients and friends, the K&L Gates Power practice has updated the Energy Storage Handbook. This Energy Storage Handbook is designed to be a basic primer on what energy storage is, how federal and state...more

Greenbaum, Rowe, Smith & Davis LLP

Connecticut Enacts Transfer Act Amendments Including Eventual Transition from Transaction-Triggered To Release-Based Program

On October 2, 2020, Connecticut Governor Ned Lamont signed into law House Bill No. 7001 (Public Act No. 20-9), concerning that state’s transaction-triggered environmental law commonly known as the Transfer Act, Connecticut’s...more

Ballard Spahr LLP

Pennsylvania 'Advanced Recycling' Bill Seeks to Keep Single-Use Plastics Out of Landfills

Ballard Spahr LLP on

Summary - The Pennsylvania legislature is close to enacting House Bill 1808. Already approved by the Pennsylvania House, the measure could benefit an emerging industry known as Advanced Recycling that diverts single-use...more

Troutman Pepper

EPA Proposes Revised Cross-State Air Pollution Rule for the 2008 Ozone NAAQS

Troutman Pepper on

On October 29, EPA published a proposed revision to its Cross State Air Pollution Rule (CSAPR) Update in response to the remand of the rule by the D.C. Circuit. The CSAPR Update was promulgated under the Clean Air Act’s “Good...more

Nossaman LLP

[Webinar] Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector - December 3rd, 11:00...

Nossaman LLP on

President-elect Joe Biden’s victory over Donald Trump could mean big changes for federal treatment of issues affecting water service providers, as well as how such issues are addressed in California, where Governor Newsom...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas State Plant Board: November 20th Pest Control and Pesticide Committee Zoom Meeting Scheduled

The Arkansas State Plant Board (“Board”) has scheduled a Pest Control and Pesticide Committee Zoom meeting for November 20th. The Pest Control Committee meeting will begin at 9:00 a.m. The Pesticide Committee meeting will...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bledsoe County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 16th Commissioner’s Order and Assessment (“Order”) to Dunlap Stone, Inc. (“DSI”) addressing alleged violations of a National Pollution...more

Jones Day

California Governor Issues Executive Order Requiring Transition to 100% Zero-Emission Vehicle Sales

Jones Day on

On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 (the "Order"), setting new statewide goals for phasing out gasoline-powered cars and trucks in California. Under the Order, 100% of...more

Jones Day

Industrial Decarbonization as a Key Element of French Government's Recovery Plan

Jones Day on

On September 3, 2020, the French Prime Minister unveiled the priorities and milestones of France's Recovery Plan to address the economic effects of the COVID-19 pandemic. Based on three main pillars—ecology, competitiveness,...more

Jones Day

Another Record Wildfire Season: Check Your CGL Policy

Jones Day on

With election season dominating the news cycle, it's easy to miss the headlines from California and other Western states. "Record Wildfires on the West Coast Are Capping a Disastrous Decade." "Global warming driving...more

Berdon LLP

NYC Now Issuing Energy Efficiency Ratings for Buildings

Berdon LLP on

Effective October 30, 2020, all commercial and residential buildings in New York City, 25,000 square feet or larger, are required by law to start posting energy efficiency letter grades at the entrance to their properties....more

Dechert LLP

Overview of the EU Shareholder Rights Directive II

Dechert LLP on

What is the law? Directive (EU) 2017/828 (“SRD II”), amending the Shareholder Rights Directive (2007/36/EC), came into force on 9 June 2017 [link]. SRD II introduced new transparency obligations on “institutional...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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