Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022. This Addendum builds on the cumulative impacts discussion in the EJ Legal Tools and provides additional detail and analysis regarding the EPA’s legal authority to address cumulative impacts affecting … Continued
The U.S. Environmental Protection Agency (EPA) is planning to publish a supplemental proposed rule that would expand the applicability of a preexisting proposed rule from 2018 impacting how environmental regulations come about. The supplemental proposal would require underlying data in scientific studies used in the promulgation of significant regulatory actions be publicly available—underlying data that’s often confidential, proprietary, and may contain private personal information … Continued
This blog frequently addresses emerging contaminants, most prominently the PFAS compounds and 1,4-dioxane. As these chemicals become more notorious through testing, regulation, and public scrutiny, they’ll likely become more prolific factors in the purchase and sale of real estate. As our readers know, PFAS is almost ubiquitous: it is nearly everywhere (in varying concentrations). As … Continued
In a split decision, a bipartisan four-commissioner panel of the Federal Energy Regulatory Commission (FERC) approved an application by Transcontinental Gas Pipe Line Co. LLC for a construction certificate. Transco plans to upgrade several portions of a pipeline that serves the northeast region of the country, including parts of New York City and New Jersey. … Continued
Just a few days ago, the U.S. House of Representatives’ Judiciary Committee — in a tight split — voted to support a bill that seeks to target the slow pace of the permitting process for infrastructure and development projects that require review by federal agencies. The bill, named the “Permitting Litigation Efficiency Act,” is expected … Continued
Part 1-Introduction A common purchase in the United States is a car, something necessary for many of us to get to work, travel to the grocery store, pick-up kids at school — among the thousands of destinations where Americans use their car. When we buy a car, we often do an investigation, so to speak. … Continued