Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On September 9, 2020, the U.S. Commodity Futures Trading Commission (CFTC) issued a report of the climate-related market risk subcommittee. Throughout the report, the CFTC highlights the significant emphasis that must be placed on climate change, as threats related to such changes may impact U.S. financial institutions and regulators. The report is critical, as it …
On September 2, 2020, the City of Hoboken, which sits across from New York City along the Hudson River, commenced suit against a consortium of fossil fuel industry giants alleging the companies engaged in a multi-decade campaign to mislead the public and conceal the climate change risks posed by the production and use of fossil …
This week, the U.S. EPA finalized a rule relaxing Obama-era standards for disposal of wastewater from coal-fired power plants. The Trump administration has characterized the new rule as a means of reducing pollution and saving jobs at the same time, while environmentalists decry the new rule as a threat to the nation’s waterways and the health …
Harmful Algal Blooms (HABs)—neither pretty nor safe—have been an ongoing issue in certain Upstate New York lakes and other bodies of water. However, it appears that some good news has arrived for those otherwise bucolic upstate areas. Recently, the state of New York announced that new HAB mitigation technologies—being developed by Clarkson University and SUNY …
The explosion in the port of Beirut earlier this month was caused by—according to Lebanese officials—ammonium nitrate, and serves as a reminder of the deadly power of this chemical when recklessly stored or when there is an absence of oversight of its use. Indeed, the Lebanese disaster echoes similarly fatal explosions involving ammonium nitrate at …
Earlier this week, the Trump administration finalized its plan to open up a portion of the Arctic National Wildlife Refuge in Alaska to oil and gas development. This marks a significant change in protections for the Refuge, as protections have been afforded to this large stretch of wilderness for more than half a century. The …
Last week, a coalition of environmental groups filed suit in the Southern District of New York following the Trump Administration’s proposal to update the National Environmental Policy Act (NEPA)—the federal law that requires certain environmental reviews prior to the approval of major infrastructure projects. The lawsuit, Environmental Justice Health Alliance et al. v. Council on Environmental Quality et al., Civil Action No. 20-cv-6143, …
This summer, Ohio implemented a change in its hazardous waste law that will be welcomed news to purchasers of brownfields. The new law adds a bona-fide prospective purchaser (BFPP) affirmative defense that will make those who qualify for its protections “immune to liability” to the state under the state’s environmental laws. Additionally, the new defense …
On July 30, 2020, New York’s Public Health and Health Planning Council voted in support of maximum contaminant levels (MCLs) for PFOA and PFOS—the two most well-known per- and polyfluoroalkyl substances (PFAS). The Council voted to set the MCLs for both chemicals at 10 parts per trillion—among the lowest levels adopted by any state, and …
The Office of the Inspector General of the United States Environmental Protection Agency is beginning an investigation into “potential irregularities” in the adoption of new regulations related to vehicle emissions. The evaluation arose after a former Environmental Protection Agency employee complained that career staff were not involved in the creation of the new rules. The …