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

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

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Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more

(ACOEL) | American College of Environmental...

On Elections, Pendulums, and Perspective

Let me state this at the outset. I am a lifelong ACLU Liberal Democrat who has never voted for a Republican. Thus, the results of the election on November 5th put me in a deep funk. Nothing that has happened since that time,...more

Foley Hoag LLP

Climate Law Matters: Energy & Climate Newsletter - December 2024

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In this Issue: Mission is Market - As with many, we in the Foley Hoag energy and climate practice have felt the results of the 2024 election reverberate through our industry. We’ve gathered and digested the most current...more

White & Case LLP

EU agrees a delay to the application of the Deforestation Regulation

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In December 2024, representatives from the European Commission, Council of the EU and Parliament agreed a compromise that will delay the application of the Deforestation Regulation by 12 months....more

Fenwick & West LLP

Montana Supreme Court Sides with Youth Climate Activists

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In a 6-1 ruling yesterday, Montana’s Supreme Court upheld a landmark decision finding that a 2011 state law making it illegal to consider environmental impacts (including greenhouse gas emissions) when issuing permits for...more

DLA Piper

Industrials Regulatory News and Trends - December 2024 #2

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California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning requirements. ...more

Fenwick & West LLP

California Air Resources Board Solicits Input on Implementation of SB 253 and SB 261 Climate Disclosure Laws

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On Monday, the California Air Resources Board (CARB) issued an Information Solicitation to Inform Implementation of California Senate Bills 253 and 261, as amended by SB 219....more

Goldberg Segalla

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

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In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more

Beveridge & Diamond PC

City in Washington Votes to Grant Local River Legally Enforceable Right to Exist

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The City of Everett (City) voted on November 5, 2024, to pass initiative 24-03, granting the Snohomish River Watershed (Watershed) enforceable legal rights within the City’s limits. The law creates a right for the Watershed...more

BCLP

PFAS in Firefighting Foam (AFFF) and Equipment: State-by-state Regulations Updated: December 2024

BCLP on

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

Morgan Lewis

COP29: Pathway to a Global Carbon Market

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The Conference of the Parties (COP), the decision-making body responsible for monitoring and reviewing the implementation of the United Nations Framework Convention on Climate Change (UNFCCC), has just wrapped up its meetings...more

BakerHostetler

Regulating Automotive Emissions: Part II - The Future of California’s Emissions Waivers

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In November 2019, President-elect Donald Trump’s first administration’s withdrawal of California’s emissions waiver went into effect. ...more

Beveridge & Diamond PC

Strategies for Navigating the Rule Revocation Process under the Congressional Review Act and Executive Branch Mechanisms

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The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump...more

Houston Harbaugh, P.C.

Ohio Court of Appeal Addresses Whether Gathering and Transportation Are Separate and Distinct Post-Production Activities

Houston Harbaugh, P.C. on

As we approach the 20th anniversary of the Marcellus Shale play, one issue remains constant: the ongoing debate over the deduction of post-production costs. Landowners all across Pennsylvania have spent countless hours...more

Davies Ward Phillips & Vineberg LLP

Governance Insights: A Review of Shareholder Activism in Canada for 2024: Key Decisions and Trends to Watch for in 2025

Despite a strong start to the year, activist activity in Canada in 2024 tapered to pre-pandemic levels. This reversion to more historic annual totals follows a notable resurgence of shareholder demands directed at Canadian...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more

Mintz

EU Seeks to Improve ESG Ratings

Mintz on

On November 19, 2024, the EU Council adopted a new regulation on ESG ratings, which “aim[s] at making rating activities in the EU more consistent, transparent, and comparable in order to boost investors' confidence in...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of England...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of England, Arkansas entered into a November 21st Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Dayton Specialty...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 16th Proposed Order and Assessment (“Order”) to Cymer-Dayton, LLC (“CD”). See Case No. HWM 24-0022. The Order provides that CD conducts...more

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

Lead and Copper Rule/Safe Drinking Water Act: American Water Works Association Petition Before the United States Court of Appeals...

The American Water Works Association (“AWWA”) filed on December 13th a document styled: Petition for Review of the Lead and Copper Rule Improvements (“LCRI”)....more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Pillsbury - Gravel2Gavel Construction & Real...

Trump 2.0: Electric Vehicles (EVs) and Emissions Requirements

In a potential blow to the fledging EV transition, reports have noted that the Trump transition team is planning to terminate the $7,500 consumer EV credit, an action publicly supported by Elon Musk....more

Stinson LLP

Trump's First 100 Days: Environmental

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At a high level, President-elect Trump is expected to issue executive orders to pause pending rules, use the Congressional Review Act to withdraw recently finalized rules, and halt agency activity while the administration...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

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