Category: Regulations

Solar and wind energy farm
President Biden / Regulations
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Everything Clean is New Again

The pendulum of policy on the environment was sent pounding back toward regulation again when the Biden administration issued new directives for greenhouse gas emissions.

The Interim Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (“Interim Guidance”) seeks to:

  • Clarify best practices for assessing greenhouse gases under the National Environmental Policy Act;
  • Fast-track evaluation of renewable energy projects, and;
  • Recommend reduction of harmful greenhouse gases by federal agencies. (One of the ways it does this is by requiring federal interaction and engagement with
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Climate Change / Emerging Issues / Regulations
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The SEC Warns Registrants – ESG is No Longer a Slogan on the Gym Wall

If ESG were merely a slogan on the proverbial gym wall, companies are about to be held accountable for their public promises of climate change and sustainability focused ambitions.  Last month the Securities and Exchange Commission (SEC) proposed significant rule changes to the U.S. Securities Act of 1933 and SEC Act of 1934.  If enacted, the proposed amendment, formally known as The Enhancement and Standardization of Climate-Related Disclosures for Investors, will require the full disclosure of climate change risks, by domestic and foreign registrants alike, …

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Climate Change / Regulations
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Environmental Disclosures: This Looks Like a Job for … the SEC?

$600 Billion. That is the amount of money directly attributed to weather events brought on or exacerbated by climate change over the past five years. Now a coalition of states, including Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and Wisconsin, and led by California (the Coalition), are pushing for the U.S. Securities and Exchange Commission (SEC) to require U.S. companies to disclose their financial risks posed by climate change.

As stated in a press release by California Attorney General Rob Bonta, “Rising temperatures are …

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Emerging Issues / Regulations
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Presidential Environmental Policy Rigidly Defined by Doubt and Uncertainty

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 policy objectives would play out during the next presidential term―particularly with regard to environmental regulations and oversight. Although one might assume the vast gulf between the two candidates on environmental …

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COVID-19 / Emerging Issues / Regulations
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Energy Regulators Dial Back Grid Reliability Standards Amid COVID-19 Concerns

Last week the North American Electric Reliability Corporation (NERC) and the Federal Energy Regulatory Commission (FERC) jointly announced the suspension of certain rules through July 31, 2020, in an effort to allow utility operators to “focus their resources on keeping people safe and the lights on during this unprecedented public health emergency.”[1]  NERC, a nonprofit corporation devoted to reducing risks to the reliability and security of the electrical grid across North America, develops and enforces the Reliability Standards, which are designed to ensure …

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Pennsylvania / Regulations
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Pennsylvania Appellate Court Splits the Difference on Oil & Gas Regulations

As hydraulic fracturing continues to be a hot topic among Pennsylvania’s Appellate Courts, the Commonwealth Court (PA’s intermediary appellate division), recently released an opinion addressing a multitude of state-level regulations concerning oil and gas operations, helping to define the rules by which drillers must abide within the state.

At issue in Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania, were several provisions within Chapter 78(a) of the Pennsylvania Code, which governs unconventional oil and gas well operations. Roughly three years …

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EPA / Michigan / PFOA / Regulations
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“PFAS Action Act of 2019” Proposed to Designate PFAS as CERCLA Hazardous Substances as More States Move To Regulate Locally

This month, a trio of bi-partisan legislators from Michigan introduced a bill in the United States House of Representatives that would require the U.S. Environmental Protection Agency to classify all PFAS chemicals under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as the Superfund staute. The bill, introduced by Reps. Dan Kildee (D), Fred Upton (R), and Debbie Dingell (D) and referred to as the “PFAS Action Act of 2019,” would require such designation by the EPA no later than …

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Climate Change / Emissions / Regulations
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What’s at Stake? Two Different Approaches to Climate Change – Part II The NHTSA Fuel-Efficient Vehicle Rule Draft Environmental Impact Statement

As introduced in Part I of this two part posting, two recently released documents – the Intergovernmental Panel on Climate Change report, Global Warming of 1.5°C Summary for Policymakers (IPCC Summary), issued on October 8, 2018, and the Safer Affordable Fuel-Efficient Vehicles Rule for Model Year 2021-2026 Passenger Cars and Light Trucks Draft Environmental Impact Statement (EIS), issued by the National Highway Traffic Safety Administration in July 2018 – provide a stark contrast in how to respond to the threat posed by climate change.

The …

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Pennsylvania / PFOA / Regulations
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EPA’s Slow March Towards Federal Regulation of PFAS

In May, we reported on developments involving a case in the Eastern District of Pennsylvania involving water contamination and exposure to per- and polyfluoralkyl substances (PFAS). PFAS is a family of man-made chemicals that includes PFOA, PFOS, and PFNA (and many others). The chemicals are commonly found in many consumer products, including stick-proof food packaging, waterproof clothing, and non-stick cookware. The plaintiffs in the PA case alleged that aqueous film forming foams (AFFF) used for firefighting drills at the Naval Air Station Joint Reserve Base …

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Clean Power Plan / Climate Change / Regulations
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The Push for Repeal of Environmental Regulations: One Year into the Trump Administration, Where Do We Stand?

As we move a little more than a year into the Trump Administration, it probably is time to take a look at where we are in regards to the administration’s publicly stated goal of repealing environmental regulations, many of which are related to climate change. In that context, the New York Times, National Geographic Society, Columbia Law School’s Sabin Center for Climate Change Law, and Harvard University’s Environmental Law Program, are great sources, providing useful tracking information and updates regarding proposed …

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