The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law Foundation against the Massachusetts Water Resources Authority, which operates Boston’s Deer Island Sewage Treatment Plant, the second largest treatment
Shale Law Weekly Review—Week of March 20, 2023
Methane Emissions: DOE Offers $47 Million to Fund Methane Emissions Reduction Technologies
On Monday, March 13, 2023, the Department of Energy (DOE) announced $47 million in funding that will be made available for 22 new projects focused on methane emissions reduction. These projects will develop technologies to detect, quantify, and reduce methane emissions in regions
How Your Company Can Prepare for the Corporate Transparency Act
With the Corporate Transparency Act (CTA) set to take effect on January 1, 2024, an estimated 32 million entities will soon be required to report personal information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Treasury Department. While the law is aimed at curbing money laundering, terrorist
President Biden’s First Veto is on Congress’ Disapproval of ESG Investing Rule
President Biden issued his first veto today. Biden’s veto returns to Congress a joint resolution that attempts to nullify a recent rule from the Department of Labor regarding consideration of Environmental, Social, and Governance (ESG) factors when investing in retirement accounts. This rule went into effect on January 30, 2023, and allows for retirement plan fiduciaries to consider ESG factors when selecting investments and exercising shareholder rights. Some have said ESG investing is controversial because it allows for retirement plan fiduciaries to consider factors such as climate change and equity instead of focusing solely on maximizing financial returns; while others have argued that past measures prohibiting the consideration of ESG factors are equally problematic.
Latest TRI Data Show Modest Increase in PFAS Reporting
Last week, EPA released the Agency’s 2021 Toxic Release Inventory (“TRI”) Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl (“PFAS”) releases and waste management, a marginal increase over the 38 facilities that submitted such data in 2020. The TRI Analysis comes on the heels of EPA’s proposed (and highly
Agricultural Law Weekly Review—March 20, 2023
WOTUS: Twenty-Four States File New Complaint Against EPA Challenging New WOTUS Rule
On February 16, 2023, a coalition of twenty-four states filed a complaint in the U.S. District Court for the District of North Dakota Eastern Division against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the new final rule
Endangered Northern Long Eared Bat is a Victim of Biodiversity Degradation
An existential crisis playing out right now in front of our eyes
Massachusetts Codifies “No Net Loss” Conservation Policy Under Article 97
On February 10, 2023, the Public Land Preservation Act (PLPA), Chapter 274 of the Acts of 2022, (M.G.L. Ch. 3 §5A), went into effect. It both codifies existing practices and creates new obligations that public entities in the Commonwealth must follow to dispose or change the use of interests in land protected
Deposit return scheme: Circularity Scotland hails “milestone” producer registration and reaffirms August 2023 launch date amid growing scepticism
With a planned launch date of 16 August 2023, the pressure is on for the Scottish government to deliver the deposit return scheme (“DRS”) for drinks containers. Despite increased scrutiny of industry readiness, Circularity Scotland (“CSL”) reaffirmed on 2 March that the scheme is on track and that producers responsible for
PFAS in Drinking Water: EPA Proposes Historic New Regulation
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed National Primary Drinking Water Regulation (NPDWR) which, if finalized, would set enforceable limits, known as Maximum Contaminant Levels (MCLs), for six Per- and Polyfluoroalkyl Substances (PFAS). The announcement marks the first time the EPA has proposed to establish a new MCL under