The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to state lawmakers by a DEP representative at a legislative hearing in late April, which also included discussions on a slew of recent
Evolving Common Law Theories in Environmental Litigation
Before the enactment of CERCLA in 1980, claims alleging injury as a result of contamination were usually brought under theories of negligence and nuisance. Those claims were largely replaced by CERCLA claims because CERCLA did not require proof of negligence or proof of causation. A recent trend in environmental litigation has a return to common
Clean Hydrogen: How It’s Produced and What We Can Do with It
[This is the second post in our Hydrogen Blog Series. Read the first post here.]
In the first post, I alluded to the technical issues hydrogen developers are considering. Here we’ll look at how hydrogen is produced and what it will be used for.
How is hydrogen produced today?
We make hydrogen
May 9 | Greenberg Traurig’s Environmental, Health and Safety Webinar – Part One
Greenberg Traurig will host the first of a two-part Environmental, Health and Safety webinar series May 9, 2023. The COVID-19 pandemic, economic and logistical challenges, and a new administration have caused significant changes to the regulated community. Greenberg Traurig joins industry consultants, community advocates, and government regulators for two webinars to help those affected
The Supreme Court Majority Prepares to Bury Chevron; Is There Anyone Left to Praise It?
Earlier this week, the Supreme Court accepted cert. in Lopez Bright Enterprises v. Raimondo, which presents a straightforward challenge to the continuing viability of Chevron. The question presented was:
Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute
Executory Process Foreclosure on Real Estate in Louisiana
In this part two of our discussion of the foreclosure process on commercial real estate in Louisiana, we are demystifying the procedures involved in executory process foreclosures in Louisiana. While Louisiana does not allow non-judicial foreclosure options for creditors, it does provide a streamlined judicial process known as executory process foreclosure, allowing a creditor to
President Biden Signs Executive Order on Environmental Justice
*Chelsey Noble is a law clerk in the Richmond office and is not licensed to practice law in any jurisdiction.
On April 21, President Biden signed Executive Order No. 14096 (EO), titled “Revitalizing Our Nation’s Commitment to Environmental Justice For All.” The EO builds on prior executive orders by President Biden related to environmental justice, racial equity, and climate change, as well as on the original executive order on environmental justice issued in 1994 by President Clinton (Executive Order No. 12898). Overall, the EO establishes a stronger framework with specific milestones for implementing environmental justice across federal agencies. Below is a summary of the EO’s key provisions.
New Jersey Moves Forward with Implementation of First-of-Its-Kind Environmental Justice Statute
*Chelsey Noble is a law clerk in the Richmond office and is not licensed to practice law in any jurisdiction.
In 2020, New Jersey enacted a first-of-its-kind environmental justice statute, the Environmental Justice Law (EJ Law). The EJ Law requires that permit applicants for certain water, waste, and air facilities located, wholly or partially, in overburdened communities prepare an environmental justice impact statement (EJIS) and engage in meaningful public participation. Significantly, the EJ Law included a provision requiring the New Jersey Department of Environmental Protection (NJ DEP) to deny a permit if a disproportionate impact on overburdened communities cannot be avoided.
That Dam Case (Again): Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges
On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. County of Butte and County of Plumas, et al v. Dept. of Water Resources (2023) 90 Cal.App.5th 147.
EPA Proposes Class VI Primacy Approval for Louisiana
With little fanfare, EPA has finally proposed to approve Louisiana’s Class VI underground injection control (UIC) well program. The proposal to approve Louisiana’s program comes nearly two years after the state submitted its package for consideration.
The pre-publication version of EPA’s proposal walks through the agency’s process and substantive consideration of Louisiana’s statutes, regulations,