In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean Air Council v. Dept. of Envtl. Prot’n, No. 73 MAP 2021 (Pa. Feb. 22, 2023). Importantly, the award in that case was against the
The government published a new document outlining its existing and proposed objectives to develop the UK’s sustainable economy.
By Paul A. Davies, Michael D. Green, and James Bee
On 30 March 2023, the UK government published an updated version of its Green Finance Strategy (the Strategy), titled “Mobilising Green Investment”. The Strategy is part of the UK government’s series of announcements for its Green Day (see this blog post for more on the broader Green Day announcements).
On April 19, 2023, the influential CDP (formerly known as the Carbon Disclosure Project) announced that nearly 7,000 organizations worldwide can disclose their plastic-related impacts for the first time, as CDP’s global environmental disclosure platform opens for 2023 reporting. CDP is adding plastic-related reporting to its online platform in response to a request from more than
On April 13, 2023, the United States Environmental Protection Agency (“EPA”) published an Advanced Notice of Proposed Rulemaking (“ANPRM”) in the Federal Register that requested comments on whether EPA should consider designating certain per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in addition to
On April 6, 2023, President Biden issued Executive Order 14094, Modernizing Regulatory Review. This Executive Order (EO) makes several important changes to the Office of Management and Budget’s (OMB) regulatory review process for federal agency regulations. The EO significantly affects which regulations qualify for interagency review, modifies the OMB gatekeeping function by which meetings are granted on proposed rules, and requires the Office of Information and Regulatory Affairs’ (OIRA) to amend policies underlying how the federal government conducts cost-benefit analysis. In addition, OIRA has released a suite of new draft guidance documents that serve to implement the EO that, if finalized, will impact the review process for regulations. These guidance documents are open for comment as described below.
Greenberg Traurig, LLP Shareholders Doreen U. Saia, Steven C. Russo, and Zackary D. Knaub were named to City & State’s “2023 Energy & Environment Power 100” list.
According to the publication, the “Energy & Environment Power 100 puts a spotlight on the most influential individuals in New York’s vibrant energy industry and
[It would seem silly to post this article without first acknowledging an elephant in the room: We haven’t posted in 23 months. Why, you might ask? Is it because there is nothing going on in the flood world? No. Is it because we have retired to tropical islands? No. Is it because we got really busy, and this kept slipping to the bottom of the list? No. Well, actually, yes, that’s it. Nothing dramatic or sinister. Life just got in the way. But we promise to be better about this going forward.]
Attorney John V. Chibbaro has rejoined global law firm Greenberg Traurig, P.A. as a shareholder in the Miami office, where he will be part of the firm’s Real Estate Practice and work closely with the Environmental and Land Use teams. He advises real estate developers, investors, and utilities on environmental and land use issues on
On April 7, 2023, the Federal Reserve Bank of New York released two staff reports on climate-related risks for financial institutions. While the staff reports do not suggest or impose legal requirements, they provide financial institutions with insights on banking regulators’ positions on climate-related risk management requirements and current industry practices. In this Legal Update,
“First movers” in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances (“PFAS”) chemicals in consumer products. With other states watching their experiment carefully, Maine’s legislature and Department of Environmental Protection (“MDEP”)