The Federal Energy Regulatory Commission (FERC) has invited public comment by April 15, 2021, on its recently opened proceeding (Docket No. AD21-13-000), which FERC has stated "will examine how grid operators prepare for and...more
As the Commonwealth of Massachusetts awaits Gov. Charlie Baker's decision whether to sign the revised landmark climate bill on his desk, the investigation by the Massachusetts Department of Public Utilities (DPU) (Docket DPU...more
The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more
2/12/2021
/ Administrative Review Board ,
Audits ,
Climate Change ,
Comment Period ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Local Ordinance ,
Municipalities ,
Performance Standards ,
Power Purchase Agreements ,
Property Owners ,
Renewable Energy ,
State and Local Government ,
Utilities Sector
The U.S. Environmental Protection Agency (EPA) published its National Pollutant Discharge Elimination System (NPDES) 2021 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial...more
While the presidential transition has focused attention on the energy and environmental policy initiatives that likely will be undertaken by the Biden-Harris Administration, the Commonwealth of Massachusetts continues to...more
1/22/2021
/ Air Pollution ,
Carbon Emissions ,
Clean Energy ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Municipalities ,
Net Zero ,
Reporting Requirements ,
State and Local Government ,
Zero-Emission Vehicles
The past several months have taught us a lot about the interplay between global risks and the economy. With lessons from the COVID-19 pandemic continuing to evolve, climate change has earned a new spotlight as an analogous...more
1/21/2021
/ Banking Sector ,
Biden Administration ,
CFTC ,
Climate Change ,
Corporate Governance ,
Economic Downturn ,
FHFA ,
Financial Markets ,
Financial Stability Board ,
Information Reports ,
Insurance Industry ,
IOSCO ,
Popular
With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more
The U.S. Environmental Protection Agency (EPA) issued a press release on Nov. 30, 2020, describing recommendations from the per- and polyfluoroalkyl substances (PFAS) National Pollutant Discharge Elimination System (NPDES)...more
On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more
10/20/2020
/ Certification Requirements ,
Clean Water Act ,
Comment Period ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
NPRM ,
Pipelines ,
Water Quality
Holland & Knight invites you to read the Fall 2020 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and...more
10/7/2020
/ Alternative Fuels ,
Brazil ,
Clean Tech ,
Colombia ,
Commercial Bankruptcy ,
Energy Sector ,
Environmental Liability ,
Environmental Policies ,
Hydrocarbons ,
Latin America ,
Renewable Energy ,
Renewable Energy Investments
With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more
9/18/2020
/ Bankruptcy Code ,
CERCLA ,
Chapter 11 ,
Clean-Up Costs ,
Commercial Bankruptcy ,
Corporate Fines ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Popular ,
Potentially Responsible Party (PRP) ,
RCRA ,
Statutory Penalties
On Aug. 21, 2020, the U.S. Environmental Protection Agency (EPA) published its Final Rule, Streamlining Procedures for Permit Appeals, in the Federal Register (85 Fed. Reg. 51,650), which becomes effective Sept. 21 for all...more
On May 6, 2020, in the case of In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir.), the U.S. Court of Appeals for the Eighth Circuit held, in an apparent case of first impression, that state statutory and common-law...more
The Tax Cuts and Jobs Act (TCJA) of 2017, P.L. 115-97 (Dec. 22, 2017), made changes to the long-standing rule precluding deductibility of "any fine or similar penalty paid to a government for the violation of any law." ...more
On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more
With issuance of the June 29, 2020, memorandum by the U.S. Environmental Protection Agency (EPA) indicating that the temporary policy regarding EPA's exercise of enforcement discretion during the COVID-19 public health...more
The U.S. Environmental Protection Agency (EPA) issued a press release on June 18, 2020, indicating it has determined that perchlorate does not meet the criteria for regulation as a drinking water contaminant under the Safe...more
The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued on June 19, 2020, its Final Rule for publication in the Federal Register. Once the Final Rule takes effect 30...more
The deadline for commenting on the proposed U.S. Environmental Protection Agency (EPA) regulation, 40 C.F.R. Part 2, new Subpart D, is June 22, 2020, and to date very few comments have been logged in Docket ID No....more
By letter dated June 1, 2020, Director of Watershed Management for the Massachusetts Department of Environmental Protection (MassDEP) Lealdon Langley filed comments at www.regulations.gov for Docket ID: EPA-HQ-OW-2019-0372...more
The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more
5/27/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
On May 14, 2020, the U.S. Environmental Protection Agency (EPA) issued a press release concerning its work related to addressing perchlorate in drinking water. ...more
As the construction industry prepares to reopen, contractors are making detailed plans to comply with state and municipal safety requirements related to the coronavirus (COVID-19) pandemic. Among the plans that needs careful...more
In response to multiple requests from stakeholders, as noted on its website, the U.S. Environmental Protection Agency (EPA) has extended the public comment period for its National Pollutant Discharge Elimination System...more
On April 17, U.S. Environmental Protection Agency (EPA) Assistant Administrator for Water David Ross issued a notice indicating the comment period for EPA's Preliminary Regulatory Determinations for Contaminants on the Fourth...more