Your Guide to Emerging Issues in Environmental Regulation and Litigation.
In a bid to curb the emission of greenhouse gasses and reduce American dependence on foreign oil sources, Congress passed the Energy Policy Act of 2005, which included the Renewable Fuel Standard (RFS). The RFS imposes Renewable Volume Obligations (RVO) on transportation fuel producers in the U.S., requiring them to include a threshold amount—increasing annually—of …
On March 29, 2021, the Biden administration announced a plan to expand offshore wind power along the East Coast. One area that may be part of such expansion is the New York Bight, which is a geological area that describes a swath of shallow waters along the Atlantic coast, spanning from the Cape May Inlet in New Jersey to Montauk Point at the eastern tip of Long …
The battle surrounding the regulation of automobile emissions standards lost some steam last week after a number of major automakers withdrew their support of the Safer Affordable Fuel-Efficient (SAFE) Vehicles rule enacted by the Trump administration. Certain major car manufactures are looking to exit the federal litigation, in which automaker trade groups intervened on behalf …
During the final days of the Trump administration, the U.S. Department of Justice’s Environment and Natural Resources Division (ENRD), which represents the Environmental Protection Agency (EPA) in environmental enforcement actions, issued a memorandum that summarizes new polices relating to Supplemental Environmental Projects (SEPs). SEPs are environmentally beneficial projects that settling parties had previously been allowed …
Hawaii’s sunscreen ban has officially taken effect. In May 2018, Hawaii became the first state in the nation to ban the sale of over-the-counter sunscreens containing oxybenzone and octinoxate. The law went into effect on January 1, 2021, with the goal of preserving Hawaii’s marine ecosystems. According to the language of the bill, Hawaii’s legislature …
On December 3, 2020, a study authored by a team of researchers from the University of Washington was published in the journal Science, linking a transformation product from a common tire additive to the death of Coho salmon in the Puget Sound. Researchers had observed acute mortality in Coho salmon in the area for decades, …
Last month, extended release (ER) Metformin―an oral diabetes medicine that helps control blood sugar levels―joined a small-but-expanding list of prescription drugs, including Valsartan (for blood pressure) and Zantac (for heartburn), that were recalled by manufacturers because it may contain amounts of N-nitrosodimethylamine (NDMA) above the acceptable intake limit. NDMA is a semi-volatile, odorless yellow oil …
In the midst of the COVID-19 pandemic and the resultant shortage of traditional household disinfectant products such as wipes and sprays, numerous ultraviolet (UV) devices have been marketed to consumers with claims that they kill germs, bacteria, and viruses. What some may not know is that UV lights that are sold or distributed with these …
The deadline for submitting proposals in response to New York’s second solicitation for offshore wind procurement recently expired, with three companies in the running to land contracts, including Vineyard Wind, Equinor Wind, and Bay State Wind (a joint venture of Ørsted A/S and Eversource Energy). Each submitted proposals in response to New York Gov. Andrew …
Following what seemed like an interminable and chaotic presidential election cycle, November 3, 2020, is finally upon us, and the country will soon know who our next president will be. Regardless of whether Donald Trump or Joe Biden takes the oath of office come January, what is not certain is how each of their respective …