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Environmental Policies Critical Infrastructure Sectors

Nossaman LLP

Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

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We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval.  These can range from...more

Troutman Pepper

Driving Change: Scaling Up EVs in the U.S.

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We are pleased to publish our latest white paper, entitled Driving Change: Scaling Up EVs in the U.S." The report highlights the challenges of expanding electric vehicles (EVs) and EV battery manufacturing in the U.S....more

Coblentz Patch Duffy & Bass

Senator Wiener Proposes Targeted CEQA Exemption for Downtown S.F. Projects

Recognizing that Downtown San Francisco is “struggling” post-pandemic, State Senator Scott Wiener has announced new legislation to exempt certain projects in the area from California Environmental Quality Act (CEQA) review...more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

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On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Akin Gump Strauss Hauer & Feld LLP

Following EU, UK to Levy a Carbon Border Adjustment Mechanism

The UK announced that it will require importers to pay a carbon levy on certain goods imported from countries with a lower or no carbon price. Covered goods under the UK’s carbon border adjustment mechanism (CBAM) likely...more

Cadwalader, Wickersham & Taft LLP

European Citizens Sue States for Breach of Human Rights Resulting from Failure to Take Stronger Climate Action

On September 27, 2023, six “Portuguese young people” were heard by the European Court of Human Rights (ECtHR) in a lawsuit against 32 European governments, including all EU member states, alleging that their failure to act...more

Holland & Knight LLP

A First Look at the EPA's Clean Ports Program

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The U.S. Environmental Protection Agency's (EPA) Clean Ports Program is a $3 billion program established by the Inflation Reduction Act (IRA) to fund zero-emission (ZE) port equipment and technology, as well as assist U.S....more

Nossaman LLP

UPDATE: Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

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

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Latham & Watkins LLP

Unprecedented Buildout of Renewables and Transmission Necessary for California Decarbonization

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The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s...more

Akerman LLP

WOTUS Update: The Courts, Congress, and the Biden Administration Continue the Dance

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Exactly what should be considered "waters of the United States" as it applies to the Clean Water Act has been ill defined and contended in the courts and in Congress for more than 15 years. A review of recent court decisions...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

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On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On April 6, 2023, in an expected move, President Biden vetoed the Congressional Review Act joint-resolution that attempted to undo his administration’s WOTUS rule. The president maintained his administration’s rule...more

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

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Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

American Conference Institute (ACI)

[Event] 22nd Arctic Energy & Resource Symposium - March 22nd - 23rd, Calgary, AB, Canada

Hosted by The Canadian Institute, the 22nd Annual Arctic Energy & Resource Symposium returns with curated programming that makes this a must-attend event for government and industry professionals involved in Northern...more

Robinson+Cole Manufacturing Law Blog

2023 Environmental, Health, and Safety Outlook for Manufacturers

This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year. 1.  ESG Developments...more

Robinson+Cole Environmental Law +

EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in...

In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act...more

Cadwalader, Wickersham & Taft LLP

New Brazilian Administration Signals Environmental Policy Despite Public Unrest

Luiz Inácio Lula da Silva assumed office on January 1 after being elected to a third term in a contentious and closely fought race. On his first day in office, Lula signed a package of executive orders, including seven that...more

Burr & Forman

Waters of the United States: Back to the Future

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On December 30, 2022, EPA and the U.S. Army Corps of Engineers (Corps) (together the Agencies) issued a prepublication version of the latest definition of Waters of the United States (WOTUS). It will become effective when...more

Polsinelli

Environment, Energy & Infrastructure Landscape in 2023

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THE PLAYERS - The Administration - While it is unusual for a President to enjoy four years of service from his cabinet leaders that oversee the Environmental Protection Agency and the Departments of Energy, the Interior,...more

Robinson+Cole Manufacturing Law Blog

EPA Proposes to Designate PFOS and PFOA as CERCLA Hazardous Substances

Last week, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a Proposed Rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation,...more

Stinson LLP

PFAS Chemicals Slated to Become CERCLA Hazardous Substances

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On August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of its long-awaited proposed rule to add the two most well-known and well-studied PFAS compounds—perflourooctanoic acid (PFOA)...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

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