Late on July 27, Sen. Joe Manchin and Senate Majority Leader Charles Schumer announced an agreement on the Inflation Reduction Act (IRA): a reconciliation package that implements prescription drug pricing reform, invests in Affordable Care Act health care subsidies, imposes a corporate minimum tax and improves tax enforcement, and—most relevant for this post—provides $369 billion to support energy production and reduce greenhouse gas emissions.
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et
Court Finds Bumble Bees Fit within Statutory Definition of a “Fish;” All Invertebrates Eligible for Listing under California Endangered Species Act
In Almond Alliance of California v. Fish & Game Com. (2022) 79 Cal.App.5th 337, the Third District Court of Appeal held that the Fish and Game Commission (Commission) did not exceed its statutory authority under the California Endangered Species Act (CESA) when the Commission designated four bumble bee species as candidate species for consideration under
Local Preemption and Wetlands in Massachusetts: An Update
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department of Environmental Protection. City of Boston v. Conservation Comm’n of Quincy, No. SJC-13244 (Mass. July 25, 2022). Interestingly, this decision follows closely on the
WHO Declares Monkeypox Disease a Public Health Emergency of International Concern
By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. Curtis, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The WHO and the CDC issued statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.&rdquo
Renewable Energy Post: Phillips Lytle’s Insights in Real Time
As a well-regarded thought leader in these areas, we will utilize our Renewable Energy Post blog to frame the practical, economic, legal and technical aspects of the debate. Our goal is to engage all interested NYS constituencies, including energy providers, business and property owners, real estate developers, renewable energy developers and operators, and concerned members of the general public. In order to be successful, economic and environmental sustainability must not be mutually exclusive and must be balanced through the eyes of the energy consumer.
Fourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen Suit
A recent Fourth Circuit decision narrowly construed the state administrative enforcement bar to the Clean Water Act citizen suit, allowing a citizen suit seeking civil penalties to proceed despite the fact the state had already issued a notice of violation for the same alleged conduct.
Shale Law Weekly Review—Week of July 25, 2022
Oil and Gas Regulation: Well Plugging Bill Becomes Law in Pennsylvania
On July 19, 2022, Pennsylvania bill, HB 2644, which establishes and allocates funds to an Orphan Well Plugging Grant Program (“Program”) became law, effective immediately. Funding for the Program will be used to receive and approve applications, provide civil liability for well
Agency Watchdog: USEPA Should Focus More Attention on Voluntary Disclosures
By Jeryl L. Olson and Patrick D. Joyce
Seyfarth Synopsis: The U.S. Environmental Protection Agency Office of Inspector General (OIG) determined that USEPA has not been giving proper attention to voluntary disclosures, and recommended that the Agency update the way it screens and follows up on voluntary disclosures.
In a report dated June 30,
The Battle Over PFAS Continues to Heat Up. The Assessment of Costs and Benefits Remains Undone.
Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per quadrillion range.
At the same time, EPA issued a final health advisory for GenX compounds, setting
