Overview of the federal Inflation Reduction Act -
The Inflation Reduction Act (IRA or Act), signed by President Biden on August 16, 2022, includes the largest Congressional investment in U.S. history to facilitate the...more
9/18/2023
/ Biden Administration ,
Eligibility ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more
2/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
New Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
We discuss the status of two pending federal regulations that would require the disclosure of information concerning greenhouse gas (GHG) emissions and climate-related risks: one proposed by several agencies that would apply...more
12/28/2022
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Popular ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Agenda ,
SEC Comment Letter Process ,
Securities and Exchange Commission (SEC) ,
Suppliers
The Supreme Court held oral arguments in the case of Sackett v. Environmental Protection Agency on October 3, 2022. The case, which we discussed prior to the oral arguments...more
In its upcoming term, the US Supreme Court will once again consider the definition of “waters of the United States” (WOTUS), a key term in the Clean Water Act (CWA), and its application to wetlands. The case, Sackett v....more
U.S. EPA Announces Proposed Rule to Designate Certain Compounds as CERCLA Hazardous Substances, New Scientific Developments, and Consequences of U.S. EPA’s Drinking Water Health Advisories...more
The Biden administration has been announcing a new series of actions to address climate change, relying on executive power due to insufficient support in Congress. On July 27, 2022, however, Senators Charles Schumer (D-NY)...more
The Environmental Protection Agency’s new drinking water health advisories for PFAS, released on June 15, 2022, included an advisory level of 10 parts per trillion (ppt) for hexafluoropropylene oxide dimer acid and its...more
While the federal government still has not comprehensively addressed per- and polyfluoroalkyl substances (PFAS) contamination, important PFAS-related developments have occurred on three fronts recently. As litigation against...more
On June 30, 2022, the United States Supreme Court struck down the Environmental Protection Agency's (EPA's) Clean Power Plan ("CPP"), limiting the agency's authority to address climate change, in the case West Virginia v....more
Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more
3/17/2022
/ Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Design Defects ,
Due Process ,
Energy Sector ,
Greenhouse Gas Emissions ,
Negligent Design ,
Oil & Gas ,
Personal Jurisdiction ,
Popular ,
Public Nuisance ,
Strict Liability
A November 2021 leak of 14,000 gallons of jet fuel at the US Navy’s Red Hill underground fuel storage facility, at Pearl Harbor on the Hawaiian island of Oahu, contaminated a well providing drinking water, displacing...more
What public companies need to know about environmental disclosures, including recent climate risk and ESG disclosure initiatives -
In fulfilling disclosure obligations under the Securities Act of 1933 and the Securities...more
The Infrastructure Investment and Jobs Act (IIJA) contains significant water-related provisions, amounting to $82.5 billion in spending. Areas addressed by these provisions include drinking water safety, clean water more...more
12/27/2021
/ Cybersecurity ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
PFAS ,
Popular ,
Safe Drinking Water Act ,
Water ,
Water Supplies
On October 18, 2021, the US Environmental Protection Agency (EPA) announced its PFAS Strategic Roadmap (Roadmap or Plan), the agency's new approach to comprehensively addressing the threat to public health and the environment...more
Climate-related issues have taken on an enhanced level of concern at the federal government level since the Biden administration rejoined the Paris Agreement in an effort to stem climate change impacts, and the administration...more
11/10/2021
/ Capital Markets ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Ordinary Business Exception ,
Proxy Season ,
Proxy Statements ,
Publicly-Traded Companies ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholder Proposals ,
Shareholders
The procedures associated with the National Environmental Policy Act (NEPA), particularly Environmental Impact Statements (EISs), are undergoing change. On one hand, the Executive Branch under the Biden administration,...more
Recently, we discussed the reboot of the Prosper Africa Initiative by the Biden Administration, whose aim is to increase trade between U.S. companies and African countries and encourage investment across the African...more
The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. The most recent definition, promulgated in...more
The United States (US) government’s Prosper Africa project is getting a reboot by the Biden administration, renewing the government’s commitment to increased trade with African countries and incentivizing American companies...more
In January 2021, President Biden signed an executive order "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis." This order provided a clear signal that the Biden administration...more
The buzz around climate change is expanding to include the potential effects it could have on businesses’ physical operations and value in the marketplace. Climate-related business risks typically fall into two categories:...more
On June 9, 2021, the US Environmental Protection Agency and Department of the Army (Agencies) announced their intention to once again revise the "waters of the United States" (WOTUS) rule, a regulation by which they jointly...more
On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risk. The Executive Order seeks "to advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related...more
On May 24, 2021, in an opinion written by Justice Thomas, a unanimous Supreme Court ruled that Guam’s lawsuit against the US Navy was not barred by CERCLA, thus restoring the Territory’s claim for recovery of costs to...more