Author: Nicole A. Caspers

New Jersey Flag with blue sky background
New Jersey / PFAS
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New Jersey County Challenges Judicial Consent Order in Landmark PFAS Settlement

In a recent development involving the landmark settlement between the New Jersey Department of Environmental Protection (NJDEP) and 3M, a New Jersey county has asked to be excluded from the settlement, stating it intends to pursue its own claims against the company for greater compensation.

The state originally sued 3M and other companies in 2019, alleging decades of discharging hazardous substances, including polychlorinated biphenyls, metals, pesticides, and PFAS. Under the settlement announced in May, 3M would be released from all PFAS-related claims statewide, including those …

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Container ships at dock
Emissions
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Shipping’s Climate Future on Hold: IMO Vote Delayed to 2026

Member states of the International Maritime Organization (IMO) voted on Oct. 17 to delay the adoption of a comprehensive plan to decarbonize the global shipping industry. The decision came in response to threats of sanctions from the United States, which warned of tariffs, visa restrictions, and port levies against countries supporting the measure.

The IMO has been laying the foundation for climate action in shipping for years. In 2023, it adopted a revised Greenhouse Gas Strategy, setting a goal to reduce net emissions from international …

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Nuclear plants
Nuclear Power Plants / Regulations
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License to Store: Supreme Court Addresses Judicial Review and Nuclear Policy

On June 18, the U.S. Supreme Court issued a 6–3 decision in Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), authored by Justice Kavanaugh with Justices Gorsuch, Thomas, and Alito dissenting.

The case concerned the U.S. Nuclear Regulatory Commission’s (NRC) approval of a 40-year license for Interim Storage Partners (ISP) to store spent nuclear fuel at a private facility in Andrews County, Texas. Texas and Fasken Land and Minerals Ltd. challenged the license, arguing it violated the Atomic Energy Act (AEA) and the …

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Sea and Sky
Regulations
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Jurisdiction at Depth: Updating U.S. Deep-Sea Mining Policy Under Executive Order 14285

With the rapid and exponential advancement of modern technology, there is a corresponding increase in demand for the foundational raw materials that enable such progress. Contemporary innovations, including electric vehicles, smartphones and other high-performance electronics are critically dependent on specific mineral resources such as cobalt, nickel, lithium and copper. These materials serve as indispensable components in batteries, circuitry and other essential systems, underscoring their strategic importance in sustaining technological development. Consequently, securing reliable access to these resources has become a pressing global concern.

Historically, these …

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Flag of California
California / Emissions
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‘Berth Control’ – California’s War on Idle Emissions

California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date.

California’s At-Berth Regulation (ABR), implemented in 2007, is a key environmental policy created to reduce air pollution from nonvehicular sources. Since 2014, the California Air Resources Board (CARB) has enforced the ABR for container ships, reefer ships, and passenger ships, requiring the use of shore power or CARB-approved emission control/capture systems while at …

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Maine state flags and the American flag waving in the wind on a clear day
Legislation / Maine
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Support is Split as Maine’s Governor Gives State’s Foundational Packaging EPR Law a Modern Makeover

Extended Producer Responsibility Legislation, also known as EPR laws, is a policy-based approach that holds producers accountable for the entire lifecycle of their products, particularly for take-back, recycling, and final disposal. Although various other countries have implemented EPR legislation as early as the 1990s, its adoption in the U.S. has been considerably slow, fragmented, and entirely state driven.

In July 2021, Maine pathed the way for packaging EPR legislation in the U.S. when it passed the bill known as LD 1541, which established a …

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