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Committee Hearing Held on Superfund Program Reforms Sought in CLEAN Future Act

The CLEAN Future Act (Act), introduced in its current form on March 2, 2021 by the House Committee on Energy and Commerce, is designed primarily to achieve net zero greenhouse gas emissions by 2050. Reflecting the...more

Guam v. U.S. - A Case of Environmental Injustice?

President Biden has made environmental justice a cornerstone of his administration. While all government departments and agencies have a role to play, the U.S. EPA has taken on the environmental justice mantle as reflected in...more

U.S. EPA Fast-Tracking Implementation of Environmental Justice Initiatives

A cornerstone of the Biden Administration is environmental justice, which EPA defines as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the...more

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

U.S. EPA's Interim Guidance on PFAS Destruction and Disposal Lacks Adequate Precision

Section 7361 of the National Defense Authorization Act ("NDAA") for Fiscal Year 2020 requires the US Environmental Protection Agency (EPA) to "publish interim guidance on the destruction and disposal of perfluoroalkyl and...more

Corporate Disclosures of Climate-Related Risks and Fulfilling Sustainability and Climate Commitments

Corporate disclosures regarding climate change impacts are becoming more prevalent, although not yet universal, and their adoption has been a relatively slow process. We discuss below the impact on corporations of increased...more

PFAS in Firefighting Foam Has Contaminated Water Resources on Military Bases and in Surrounding Communities

Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are found in firefighting foam used by the military since the 1970’s for training exercises and to extinguish liquid and gas fires. These compounds are part...more

Environmental Disclosure Aspects of SEC Regulation S-K Amendments

The SEC has adopted amendments to modernize certain disclosure requirements set forth in Regulation S-K. Specifically, the SEC updated the items governing a company’s description of environmental proceedings in which the...more

PFAS Update: August 2020

There have been several recent developments involving PFAS regulation, most notably the Environmental Protection Agency’s (EPA) Significant New Use Rule (SNUR) for certain long-chain per- and polyfluoroalkyl compounds...more

Supreme Court Sets Test for Assessing NPDES Permit Requirement for Indirect Discharges of Pollutants Through Groundwater to...

In a busy week for environmental decisions, the Supreme Court of the United States ruled on April 23, 2020 on its second major case, County of Maui v. Hawai’i Wildlife Fund, finding a middle ground in its 6-3 decision on...more

U.S. EPA’s COVID-19 Based Discretionary Civil Enforcement Policy and Guidance on Timing of Performing Field Work

The COVID-19 pandemic has disrupted many business and governmental activities, and environmental compliance is no exception. In recognition of the potentially negative impacts of the pandemic on stakeholders’ ability to meet...more

Absence of Broad-Based Congressional or U.S. EPA Actions Limiting PFAS Exposure Likely to Engender Continued State Regulation

Despite extensive negotiation, insufficient bipartisan support was garnered to obtain inclusion of robust PFAS provisions in Congressional year-end spending legislation. Initially, there was some expectation that U.S. EPA...more

PFAS Updates: Congressional and Federal Regulatory Developments

This posting provides an update on PFAS developments involving federal legislative and regulatory activities. Congress - On November 6, 2019, a panel of experts at a congressional briefing sponsored by the Endocrine...more

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

PFAS Update: Evolving Science and Liability

Recently, we have addressed the evolving regulatory landscape for per- and poly-fluoroalkyl substances (PFAS), as the federal and state governments grapple with finding the best approach to handle PFAS releases from...more

Puerto Rico Update: Evolving Renewable Generation Plans

Nearly two years following hurricanes Irma and Maria, challenges remain as Puerto Rico seeks to develop a cleaner and more resilient power grid. In November 2018, we discussed the evolving renewable energy situation in Puerto...more

PFAS Regulatory Update

As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more

PFAS Regulation Update

EPA Steps into the Mix While States Continue Swift Action in Light of Potential Health Risks - In a prior posting, we noted the proliferation of state legislative and regulatory activity involving Per- and polyfluoroalkyl...more

Legislative Update: House of Representatives Introduces Bill to Require EPA to Regulate PFAS as Hazardous Substances under CERCLA

In a recent article posted by Manufacturing Today, we discussed the unexpected risks facing manufacturers of products containing Per- and polyfluoroalkyl substances (PFAS). PFAS are a class of more than 3,000 man-made...more

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

The Role of Renewable Energy Remains Uncertain in Transforming Puerto Rico's Electrical Grid

Over a year has elapsed since Hurricane Maria devastated the island of Puerto Rico, which, in addition to claiming thousands of lives, destroyed Puerto Rico’s electrical infrastructure. As discussed in prior postings, a...more

Symposium Spotlights Natural Resource Damage Regulations Under DOI Review

Section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) authorizes the Federal government, States and federally recognized Indian Tribes to act as "trustees" on behalf of the...more

Grid–Scale Energy Storage: Stakeholder Participation Key to Successful Implementation of FERC Order 841

In recent posts, we have discussed how Order 841 issued by the Federal Energy Regulatory Commission (“FERC”) on February 15, 2018 is expected to create new opportunities for the expansion of grid-scale (“in front of the...more

Puerto Rico Update: A Busy Week as House Committee Holds Hearing on PREPA Oversight and Reform, and PREPA Reaches Preliminary...

As discussed in our posting covering continuing challenges to rebuild Puerto Rico’s electrical grid, the Puerto Rico Power Authority (“PREPA”) has inhibited the recovery and redevelopment of the Island’s energy system. On...more

Puerto Rico: The Continuing Challenge to Rebuild the Island’s Power System and the Role of Microgrids in a Sustainable Future

In the nine months since Hurricane Maria, substantial progress has occurred in bringing Puerto Rico’s power grid back online. Some consumers with access to solar microgrid systems regained power as soon as a few days after...more

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