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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Environmental General Counsel PC

South Korea Models a Robust EPR Program and Hosts International Efforts at INC-5: An Interview with ELPS Founder SangYeol Park

As extended producer responsibility (“EPR”) programs unfold in several U.S. states, Environmental General Counsel is using its international connections within IR Global – a multi-disciplinary professional services network –...more

Troutman Pepper Locke

FERC Issues Final Rule on Clean Water Act Section 401 Water Quality Certification Requirements

Troutman Pepper Locke on

On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality...more

Holland & Knight LLP

Treasury Department, IRS Release Section 45V Clean Hydrogen PTC Final Regulations

Holland & Knight LLP on

The U.S. Department of the Treasury and IRS on Jan. 3, 2025, released final regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the Inflation...more

Holland & Knight LLP

The Impact of a Trump EPA on California's Mobile Source Rules

Holland & Knight LLP on

Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more

Akin Gump Strauss Hauer & Feld LLP

PFAS Litigation: New Claims against Upstream Manufacturers

While the results of consumer products litigation surrounding PFAS have been uneven (see prior blog posts), a new type of claimant may be emerging based on a recent claim filed by a Georgia-based carpet manufacturer against...more

Akin Gump Strauss Hauer & Feld LLP

Navigating PFAS Laws Under the New Administration: What to Watch

As we turn to 2025 and a new administration, there are a few areas of per- and polyfluoroalkyl substances (PFAS) law worth watching in the short term, including the regulation of the chemicals in water and their treatment...more

A&O Shearman

EU Platform on Sustainable Finance report on categorization of products under Sustainable Finance Disclosure Regulation

A&O Shearman on

The EU Platform on Sustainable Finance has published a report on the categorization of products under the Sustainable Finance Disclosure Regulation. The Platform recommends categorizing products with the following...more

Beveridge & Diamond PC

Washington Ecology Issues its New Industrial Stormwater General Permit, Effective January 1, 2025

Key Takeaways - What Is Happening? The Washington State Department of Ecology (Ecology) published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain...more

Bond Schoeneck & King PLLC

New York Becomes Second State to Enact Climate Change Superfund Act

On Dec. 26, 2024, Governor Hochul signed the Climate Change Superfund Act (Act) into law, making New York the second state (after Vermont) to impose the cost to repair and prevent climate change impacts on a broad segment of...more

Beveridge & Diamond PC

Updates to New Chemicals Regulations under the Toxic Substances Control Act

Key Takeaways Delays by the U.S. Environmental Protection Agency (EPA) in processing premanufacture notices (PMNs) under the Toxic Substances Control Act (TSCA) may lessen under final amendments to section 5 published on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Improving Groundwater Security in the United States: President's Council of Advisors on Science and Technology Report

The President’s Council of Advisors on Science and Technology (“PCAST”) released a December 2024 report titled: REPORT TO THE PRESIDENT: Improving Groundwater Security in the United States (“Report”)....more

ArentFox Schiff

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements

ArentFox Schiff on

On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements....more

ArentFox Schiff

CARB Relaxes Carbon Emission Reporting Requirements and Seeks Comment on Reporting and Risk Disclosure Requirements

ArentFox Schiff on

The California Air Resources Board (CARB) announced this month that it will use enforcement discretion for the first greenhouse gas (GHG) emission reports due in 2026 to allow regulated businesses (doing business in...more

Husch Blackwell LLP

Renewable Energy and AI Data Centers

Husch Blackwell LLP on

Although artificial intelligence (“AI”) dominated financial, technological, and even social conversations in 2024, less attention was paid to the reality that AI’s emergence entails substantial increases in energy demand,...more

Latham & Watkins LLP

CARB Will Not Fully Enforce California’s Climate Corporate Data Accountability Act in 2026

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CARB will not penalize reporting entities for incomplete Scope 1 and 2 emissions disclosures under SB 253, irritating lawmakers and raising the specter of oversight hearings....more

Bergeson & Campbell, P.C.

NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the...more

Morgan Lewis

California Voluntary Carbon Market Disclosures Act Compliance Deadline: Strategic Considerations

Morgan Lewis on

In October 2023, California enacted AB 1305, the Voluntary Carbon Market Disclosures Act, as part of a trio of climate laws aimed at advancing transparency and integrity in decarbonization efforts. As businesses prepare for...more

Morgan Lewis

Court Reverses Prior Decision Finding ‘Carbon-Neutral’ Claim May Be Misleading

Morgan Lewis on

A US federal district court, upon a motion to reconsider, granted the defendant’s motion to dismiss class action claims concerning its use of the term “carbon neutral.” This decision represents a victory for consumer goods...more

Bergeson & Campbell, P.C.

NNI Releases 2024 NanoEHS Research Strategy Update

On December 18, 2024, the National Nanotechnology Initiative (NNI) announced the availability of the National Nanotechnology Initiative Environmental, Health, and Safety Research Strategy: 2024 Update. Prepared by the...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

ArentFox Schiff on

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Second Trump Administration: Environmental Integrity Project Report Predicts Drop in U.S. Environmental Protection Agency...

The Environmental Integrity Project (“EIP”) issued a December 16th report titled: EPA Enforcement Could Drop Sharply in Second Trump Administration, After Improvements Under Biden (“Report”)....more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

Perkins Coie on

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Beveridge & Diamond PC

CARB Takes Significant Steps to Advance California Climate Reporting

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In December, the California Air Resources Board (CARB) took noteworthy steps to implement California legislation requiring large companies that “do business in California” to report greenhouse gas (GHG) emissions and disclose...more

Farella Braun + Martel LLP

EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies

On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Structural...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Lexicon, Inc. (“LI”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

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