U.S. Environmental Protection Agency (EPA) Assistant Administrator Radhika Fox issued a memorandum on April 28, 2022, addressing EPA's revised guidance for addressing per- and polyfluoroalkyl substances (PFAS) in National...more
A lot has been written recently about the recent final rule issued by the Council on Environmental Quality (CEQ) to amend certain provisions of its regulations for implementing the National Environmental Policy Act (NEPA)....more
The U.S. Environmental Protection Agency (EPA) announced on March 31, 2022, that it did not intend to regulate perchlorate in drinking water, leaving its July 2020 decision in place. EPA concluded that the prior decision was...more
The Federal Energy Regulatory Commission (FERC) issued a brief order on March 24, 2022, backtracking on the historic – and divisive – changes it had announced several weeks ago to its natural gas pipeline certification...more
The U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry (manufacturers, processors, distributors, users and so-called disposers of fluorinated polyolefin containers)...more
The Federal Energy Regulatory Commission (FERC) has made historic changes to its policies for approving the construction of natural gas pipeline facilities. These changes, which came in the form of two policy statements...more
According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the...more
In a recently published letter, Federal Energy Regulatory Commission (FERC) Chairman Richard Glick indicated that the commission would strengthen its scrutiny of greenhouse gas emissions when evaluating certificate...more
Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended...more
After commencing a regulatory review effort in February 2021, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued proposed amended Massachusetts Environmental Policy Act (MEPA) regulations...more
Chapter 8 of the Acts of 2021, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the Climate Act), signed by Gov. Charlie Baker on March 26, 2021, includes new energy and water efficiency standards...more
Much of the recent news about climate-influenced building codes has come out of California, where the California Energy Commission announced adoption of revisions to its Building Energy Efficiency Standards, also known as the...more
After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...more
7/15/2021
/ Climate Action Plan ,
Climate Change ,
Coastal Real Estate ,
Environmental Impact Report (EIR) ,
Environmental Justice ,
Environmental Policies ,
Proposed Regulation ,
Public Comment ,
Real Estate Development ,
Required Forms ,
Rulemaking Process ,
State and Local Government ,
Wetlands
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
7/2/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Delegation Authority ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
The previous alerts in this Holland & Knight series have focused on state level initiatives from the Massachusetts Legislature, Governor's Office and the Massachusetts Environmental Policy Act (MEPA) Office related to climate...more
The Biden Administration on May 20, 2021, issued its latest and long-awaited Executive Order (EO) on climate-related financial risk. This EO reflects how the administration is continuing to take a "whole of government"...more
6/1/2021
/ Biden Administration ,
CEQ ,
Climate Action Plan ,
Climate Change ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Insurance Industry ,
Net Zero ,
OMB ,
Risk Assessment ,
Task Force on Climate-related Financial Disclosures (TCFD)
Two Massachusetts Department of Environmental Protection (MassDEP) electricity sector regulations, 310 CMR 7.74: Reducing CO2 Emissions from Electricity Generating Facilities and 310 CMR 7.75: Clean Energy Standard, require...more
On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
5/3/2021
/ Attorney-Client Privilege ,
China ,
Class Action ,
Construction Project ,
Due Diligence ,
Environmental Assessments ,
Personal Jurisdiction ,
Project Finance ,
Technology ,
Websites ,
Wiretapping
The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its draft Massachusetts Environmental Policy Act (MEPA) Interim Protocol on Climate Adaptation and Resiliency (the Interim Protocol),...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. For...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030....more
While much attention has been paid to the ambitious climate change mitigation requirements in "An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy," the comprehensive climate change legislation recently...more
On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more
4/5/2021
/ Amended Regulation ,
Certification Requirements ,
Clean Water Act ,
FERC ,
Final Rules ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
Pipelines ,
Regulatory Authority ,
Tribal Lands ,
Water Quality
On March 26, 2021, Massachusetts Gov. Charlie Baker signed Chapter 8 of the Acts of 2021, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the Act), into law, cementing the Commonwealth's status as...more