Author: Goldberg Segalla

EPA / Legislation
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House Takes Steps to Require EPA Regulation of PFAs

On July 21, 2021, the United States House of Representatives passed the PFAS Action Act of 2021 (Act) that would require the Environmental Protection Agency (EPA) to take action to regulate two per- and polyfluoroalkyl (PFAS) substances. PFAS are commonly known as “forever chemicals” due to their ability to persist in the environment, including drinking water supply systems, the human body, and in animal populations as well. The use of PFAS chemicals has been widespread throughout the world as a result of their resistance to …

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Emerging Issues
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Homeowner Associations in New York to Make Way for Solar Power

Homeowner Associations (HOAs) are given broad authority in New York State to enforce covenants, conditions, and restrictions in efforts to manage a community of homes. Absent an unlawful purpose or improper internal procedures, HOAs have been largely permitted to develop and manage their properties as they deem fit. This broad authority included an HOA’s ability to prohibit a homeowner from installing a solar power system on his or her property. However, as New York continues to adopt various green initiatives, this is set to change.…

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Legislation / New Jersey
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New Jersey: The Nation’s Newest Ambassador of Clean Energy

New Jersey may be most (ashamedly) well-known for its Snooki legacy courtesy of MTV’s Jersey Shore, but Gov. Phil Murphy intends to re-brand the Garden State as an ambassador of clean, green, and renewable energy. Earlier this month, ceremoniously (and rather ironically) from the infamous Seaside Heights Boardwalk, the Governor approved four renewable energy focused bills aimed to collectively bolster New Jersey’s clean energy agenda, setting the stage for New Jersey to become 50% reliable on clean energy sources by 2030, and 100% reliable …

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CERCLA / Clean Air Act
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Third Circuit Affirms No Duplicative Reporting for “Federally Permitted Releases”

Two fires at the U.S. Steel Mon Valley Works facility near Pittsburgh, PA in December 2018 and 2019 resulted in the release of pollutants, including hydrogen sulfide, benzene, and coke oven gas into the air. Following air monitoring that revealed increased levels of the pollutants, in compliance with its Clean Air Act permits and regulations, U.S. Steel reported the fires and emissions to the Allegheny County Health Department—the local governmental arm that enforces the Clean Air Act.

Notwithstanding, the Clean Air Council, a nonprofit environmental …

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EPA
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Supreme Court Sides with Refineries in Battle over Exemptions from Fuel Blending Requirements

In a 6-3 ruling on June 25, 2021, in HollyFrontier Cheyenne Refining LLC et al. v. Renewable Fuels Association et al., the Supreme Court of the United States (SCOTUS) sided with the oil refineries in a dispute with biofuel producers. The ruling overturned a Tenth Circuit decision that voided extensions of waivers from the Renewable Fuel Standard (RFS) requirements under the Clean Air Act granted by the United States Environmental Protection Agency (EPA), even though the prior exemptions had expired.

Renewable Fuel Program

Under the …

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Emerging Issues
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It’s About Time—New York PSC’s New Approval Timeline

Historically, the process to complete large scale utility projects has gone at a deliberate pace. Beyond the traditional issues with any new construction or large scale project, delays were attributed to the extended approval process required by the New York Public Service Commission (PSC). However, on April 3, 2020, New York Gov. Andrew Cuomo signed into law the Accelerated Renewable Energy Growth and Community Benefit Act, which “aimed at improving the siting and construction of large-scale renewable energy projects in an environmentally responsible and cost-effective …

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Clean Water Act
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The EPA’s Campaign to Transform WOTUS from Ephemeral to Resolute

If we are being honest, when it comes to the Clean Water Act, “navigable” is just one of those words that makes us all a bit tongue tied—not just because it’s tricky to pronounce, but because it is even more vexing to define, especially when we look to make sense of the regulatory definition of “waters of the United States.” Unpacking the definition of navigable and federally protected waters has indeed been the perennial work of scholars, judges, lawyers, and politicians alike since the CWA’s …

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Emerging Issues
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Air Quality Control Board Votes to Cut Emissions in Southern California

Southern California is known for its beautiful beaches, perfect weather, and for being the smoggiest region in the nation. On May 7, 2021, the South Coast Air Quality Management District (SCAQMD) passed the Warehouse Indirect Source Rule (Warehouse Rule) in a 9-4 vote in an effort to combat Southern California’s smog problem. The Warehouse Rule is essentially a program that will focus on reducing the exposure of nitrogen oxide and diesel particulate matter in the air over the next three years. Specifically, the Warehouse Rule …

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CERCLA
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Supreme Court Holds CERCLA Contribution Requires Resolution of a CERCLA-Specific Liability

As previously reported by the Environmental Law Monitor, in January 2021, the Supreme Court of the United States granted certiorari in the matter of Guam v. United States, to resolve a long-standing circuit split on an issue related to CERCLA’s settlement and contribution provisions.

By way of background, the United States and Guam have been embroiled in a decades-long dispute over the Ordot Dump, which was constructed by the United States Navy in the 1940s, and served as a toxic military waste deposit …

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Climate Change
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The Methane Moment

On April 28, 2021, the U.S. Senate voted 52-42 to restore regulations on the oil and gas industry to address methane emissions. Specifically, the regulation will seek to limit methane gas leaks relating to drilling operations by establishing stricter monitoring requirements and requiring corrective actions when leaks are detected. While methane only represents 10 percent of the United States greenhouse gas emissions, it is more efficient at trapping radiation than other greenhouse gases. Due to this characteristic, methane is viewed as a key contributor to …

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