According to a Law360 article, U.S. EPA said in a statement to Law360 that it’s reviewing a November 2024 petition from 175 environmental groups to include microplastics in the Sixth Unregulated Contaminant Monitoring Rule...more
Solar, wind, and battery technologies have, and will continue to be, front and center of the renewable energy and clean technology transition. Entities in the renewable energy and clean technology space should be closely...more
6/19/2025
/ Batteries ,
Clean Energy ,
Energy Sector ,
Energy Storage ,
Environmental Policies ,
Extended Producer Responsibility (EPR) ,
Hazardous Waste ,
Infrastructure Investment and Jobs Act (IIJA) ,
New Legislation ,
Proposed Rules ,
RCRA ,
Recycling ,
Regulatory Requirements ,
Renewable Energy ,
Solar Panels ,
State and Local Government ,
Technology Sector ,
Wind Power
An Update on the Legal Landscape Surrounding Plastic Pollution -
It’s hard to reflect on “Our Power, Our Planet” this Earth Day without discussing plastic. Plastic is deeply embedded in our daily lives. Consider, for...more
In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more
1/29/2025
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Branch ,
Executive Orders ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Paris Agreement ,
Permits ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
Trump Administration ,
Withdrawal
On January 13, the Federal Acquisition Regulatory (FAR) Council withdrew the greenhouse gas (GHG) disclosure rule that it proposed in late 2022. As explained previously, the proposed rule would have required certain federal...more
1/14/2025
/ California ,
CARB ,
Carbon Emissions ,
Climate Change ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Greenhouse Gas Emissions ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sustainability
On November 21, 2024, the EPA issued its final National Strategy to Prevent Plastic Pollution, as required by the Save Our Seas 2.0 Act. This comes after the Agency received almost 92,000 comments on its draft strategy. ...more
11/26/2024
/ Clean Water Act ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Plastic Straw Ban ,
Plastics ,
Pollution Control ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more
9/24/2024
/ Consumer Protection Laws ,
Discharge of Pollutants ,
Environmental Claims ,
Environmental Liability ,
Environmental Litigation ,
Environmental Policies ,
Greenwashing ,
Insurance Claims ,
Insurance Industry ,
Plastics ,
Pollution Exclusion ,
Public Nuisance
The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more
7/17/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation
On June 7, 2024, the U.S. International Trade Commission (“USITC” or “Commission”) made a preliminary affirmative determination that there is a reasonable indication that the U.S. domestic industry that produces crystalline...more
On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more
Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by...more
4/25/2024
/ Climate Change ,
Contamination ,
Earth Day ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Legislative Agendas ,
Plastics ,
Pollution Control ,
Regulatory Agenda ,
State and Local Government ,
Textiles ,
Water
On March 4, 2024, MethaneSat, a satellite developed by a subsidiary of the Environmental Defense Fund that will locate and quantify methane emissions from oil and gas operations, was launched into orbit. According to the...more
According to a recent Bloomberg article, a company did not report an August 2023 air emissions event to state environmental regulators until December, just days after the company was asked by Bloomberg Green about a methane...more
California recently enacted two landmark climate disclosure laws that will require companies doing business in the State above specified revenue thresholds to report their Scope 1-3 greenhouse gas (“GHG”) emissions and...more
Achieving the nation’s climate targets will require access to raw materials and components along the clean energy and technology supply chains at competitive costs. Currently in the US, these supply chains rely heavily on...more
9/22/2023
/ Anti-Dumping Duty ,
China ,
Clean Energy ,
Climate Change ,
Countervailing Duties ,
Duties ,
Imports ,
Incentives ,
International Trade Commission (ITC) ,
National Security ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trade Restrictions ,
U.S. Commerce Department ,
USTR
Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)--which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default--are provisions that seek to amend the National...more
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Coal-Fired Plants ,
Electric Generation Suppliers ,
Energy Reform ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Power Plants ,
Proposed Rules
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/11/2023
/ Affordable Clean Energy (ACE) Rule ,
Carbon Capture and Sequestration ,
Climate Change ,
Coal ,
Electricity ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Power Plants
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more
We cannot talk about investing in our planet this Earth Day 2023 without discussing the Inflation Reduction Act of 2022 (IRA). We’ve discussed the IRA previously here and here. In short, this historic piece of legislation...more
PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more
3/24/2023
/ CERCLA ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
PFAS ,
Public Safety ,
Stormwater Discharge Permits ,
Wastewater ,
Water
The regulated community should be considering how Earth-observing satellites may enhance regulators’ and non-governmental organizations’ (NGOs’) ability to detect, measure, and monitor pollution. According to the Land Remote...more
Developing a Proactive and Strategic Game Plan -
Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more
2/20/2023
/ CERCLA ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
PFAS ,
Popular ,
Regulatory Standards ,
Retailers ,
Safer Consumer Product Regulations ,
State and Local Government ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses should be actively preparing to comply with the...more
1/25/2023
/ Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Legislative Agendas ,
Manufacturers ,
PFAS ,
Popular ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Regulatory Standards ,
Threshold Requirements ,
Workplace Safety