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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Robinson+Cole Environmental Law +

Project Opponents of Empire Wind Strike Back

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

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On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

Jones Day

California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

Jones Day on

On May 29, 2025, a virtual public workshop held by the California Air Resources Board ("CARB") offered direction on how it interprets certain elements of California's climate disclosure laws. While CARB has a July 1, 2025,...more

Frost Brown Todd

D.C. Political News Round-Up | May 2025

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In this month’s deep dive, Frost Brown Todd D.C. Partner-in-Charge Jonathan Miller interviews attorney and tariff expert Jan de Beer to discuss how businesses can navigate the United States’ ever-evolving tariff policies....more

Morgan Lewis

Environmental Regulation Under the New Administration: Key Shifts and Implications for Industry

Morgan Lewis on

The first few months of the new US administration have brought sweeping changes to the country’s environmental regulatory landscape. Through a spate of executive orders, agency directives, and staffing restructurings, the...more

Bergeson & Campbell, P.C.

APHIS Begins Public Comment Period on Draft Plant Pest Risk Assessment and Draft Environmental Assessment for...

On June 3, 2025, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) began a public comment period on a draft plant pest risk assessment (PPRA) and draft environmental assessment (EA)...more

Troutman Pepper Locke

ESG Investing in 401(k) Plans – More Rule Changes on the Way

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In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration...more

IR Global

The Importance of Expert Financial Opinions in Environmental Litigation

IR Global on

Environmental litigation is evolving. Once dominated by scientific testimony and regulatory interpretation, it now demands financial clarity as well. From toxic torts and groundwater contamination to disputes over regulatory...more

Pullman & Comley, LLC

Brownfield Projects Receive a Critical Carve-Out from Connecticut’s Prevailing Wage Laws

Pullman & Comley, LLC on

A key amendment to the state’s prevailing wage laws was passed by the General Assembly last night (June 3) as part of the passage of the comprehensive State Budget Implementer Bill (Bill No. 7187). The amendment helps resolve...more

Troutman Pepper Locke

FERC Affirms Authorizations for Venture Global’s LNG Export Terminal and Pipeline

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On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC...more

Shipman & Goodwin LLP

Federal Regulations Arriving ‘PFAShionably Late’ - A CBIA Manufacturing Spotlight Article

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A series of PFAS-related communications and rulemaking from the U.S. Environmental Protection Agency have recalibrated the agency’s focus areas and timeline under the second Trump administration. Federal PFAS regulation...more

Baker Botts L.L.P.

P2N0 - Edition 32 - News and Views on the Drive Towards Net-Zero GHG Emissions

Baker Botts L.L.P. on

Welcome to Edition 32 of P2N0 covering the drive to avoid, reduce and remove greenhouse gas (GHG) emissions to progress to net-zero GHG emissions (NZE). P2N0 covers significant news items globally, reporting on them in short...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Howard County Gypsum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

Bracewell LLP

The Carbon Border Adjustment Mechanism: How to Navigate a Complex Mechanism

Bracewell LLP on

This note is dedicated to importers and producers of specific goods from countries outside the European Union, who will be subject to carbon pricing equivalent to that applied to European manufacturers of the same goods,...more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 14th Order and Assessment (“Order”) to Greeneville Oil and Petroleum, Inc. and 737 Grace 1, LLC (collectively,“Respondent”) addressing alleged...more

ArentFox Schiff

FDA Greenlights Commercialization of Gene-Edited Pig Resistant to Devastating Swine Disease PRRSV

ArentFox Schiff on

On April 30, the US Food and Drug Administration (FDA), approved the use of a gene-edited pig to confer resistance to Porcine Reproductive and Respiratory Syndrome (PRRS), a devastating swine disease....more

Foley & Lardner LLP

Nuclear’s Comeback: What Renewables Professionals Should Know

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The clean energy transition isn’t a zero-sum game – it’s a team effort. And one player is stepping back into the spotlight with renewed strength: nuclear energy. With the President’s signing of four new Executive Orders on...more

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

Transitioning Fund-Financed Site Remedies: ASTSWMO Announces A Guide for Project Managers

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a document tilted: Transitioning Fund-Financed Site Remedies from EPA to the States: A Guide for Project Managers...more

King & Spalding

All Wrapped Up: Extended Producer Responsibility for Packaging, April 2025

King & Spalding on

All Wrapped Up: Extended Producer Responsibility for Packaging, April 2025 - All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

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The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

White & Case LLP

Public interest in arbitration

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Only one third of our respondents have encountered any of the various categories of public interest issues in their arbitrations. There is, however, an expectation that environmental and human rights issues will increasingly...more

Nossaman LLP

The End of “End-Result” Permit Limitations in Clean Water Act Permits

Nossaman LLP on

On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

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