Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The election of Donald Trump back into office was cheered by cryptocurrency enthusiasts across the country for his public support of the industry. After all, the president even has his own memecoin ($TrumpCoin, of course) and has issued executive orders proclaiming support for the industry during his first days in office. Yet, even if efforts to … Continued
On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act … Continued
Offshore wind energy is rapidly emerging as a critical component of the global transition to renewable energy sources. Harnessing the vast wind resources available at sea offers significant potential for reducing greenhouse gas emissions and enhancing energy security. However, the development of offshore wind projects presents a complex web of legal and regulatory challenges that … Continued
California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF). … Continued
Over the last six years, our firm has written extensively about 1,4-Dioxane, from U.S. EPA’s proclamations to state laws and regulations, litigation, and distinctions between federal and state perspectives. (see compilation of blog posts here.) Today we are providing an update on the EPA’s final revised Unreasonable Risk Determination for 1,4-Dioxane, which includes new air … Continued
California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting requirements under the California Coastal Act. CEQA requires for any “public project” — defined broadly as an action requiring a “public agency’s discretionary funding or … Continued
While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential … Continued
We wanted to take some time to wish you and your families a happy holiday season and all the best in the new year. 2024 has been a busy, active year in the world of environmental law and we appreciate you dropping by our site on a regular basis for emerging issues and up-to-date information. … Continued
SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards 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 grant California a waiver to set its own greenhouse gas (GHG) … Continued
Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules with the latest risk management regulations for those two chemicals. Under the rule, “all uses of TCE will be banned over time (with the … Continued