On March 6, 2024, the Securities and Exchange Commission (SEC) adopted by a 3-2 vote a series of new and extensive disclosure rules that will require all registered companies, including FPIs, to include detailed climate-related information in their registration statements and periodic reports, and climate-related financial statement metrics in a note to their audited financial
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EPA Finalizes New RMP Rule and Rejects Provision on Transloading
In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP). 40 CFR Part 68. (“Transloading” refers to movement of goods and commodities across…
Environmental Law and the Brownfield ‘Energy Community’ Clean Energy Tax Credit Bonus Under the IRA
The Inflation Reduction Act, Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), among other things creates tax incentives for clean energy development. The IRA enhances those tax credits for energy projects located on a “brownfield.” That enhancement will increase development pressure on “brownfield” sites. There may be some confusion over how “brown” a…
Is One Dollar Enough Under CERCLA?
Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that they ought to bear some specific equitable share of the total responsibility. Often, the plaintiff has brought the case even though the plaintiff has not…
New York State Proposes ‘Rapid Act’ and Other Bill to Aid in Transition to Renewable Energy and Away From Natural Gas
Governor Kathy Hochul’s Executive Budget proposal (the Transportation, Economic Development, and Environmental Conservation budget bill (A.8808/S.8308)) includes two pivotal energy proposals: the Renewable Action Through Project Interconnection and Deployment Act and the Affordable Gas Transition Act. The Governor is seeking to advance the achievement of the ambitious emissions reduction and renewable energy procurement mandates set…
5 Trends to Watch: 2024 Florida Environmental Issues
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Feb. 12 EVENT | Solving Today’s Water Infrastructure Challenges – Forever Chemicals, Water Plant Innovation, and More
Please join Greenberg Traurig, IDE Technologies, and several distinguished panelists for insightful presentations, interactive discussions, and enriching experiences as we examine the path to a more sustainable and efficient water future. The event “Solving Today’s Water Infrastructure Challenges – Forever Chemicals, Water Plant Innovation, and More” will be held at GT’s Miami office…
Kerri Barsh and Christopher Neumann Interviewed for Law360 Article, ‘Regulatory Whiplash In Real Estate Here To Stay, Attys Say’
Kerri L. Barsh and Christopher J. Neumann, co-chairs of GT’s Environmental Practice, were interviewed for a Law360 Real Estate Authority article titled “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.”
Click here to read the full article, “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.” (subscription required)
Some 2024 Resolutions for Environmental Lawyers
You are reading this column in the first days of 2024. This might be an apt opportunity in the “environmental practice” column to consider what we environmental lawyers ought to resolve to do to elevate our practices in the new year. My observations are no more profound than anyone else’s. But as I begin my…
Monetizing Clean Energy Credits: IRS Opens Registration Portal
The Internal Revenue Service (IRS) opened the portal for taxpayers to register for elective payment (under Section 6417 of the Internal Revenue Code (Code)) or transfer (under Section 6418 of the Code) for the ITC, PTC, and other eligible federal income tax credits. Along with the registration portal, the IRS provided a user guide and …