The California Department of Toxic Substances Control (DTSC) recently finalized long-awaited revisions to its hazardous waste regulations that will allow PV solar panels to be managed as “universal waste” beginning on January 1, 2021. This reclassification will have significant implications on how spent PV solar panels are managed in the state.
The EU’s 2021 Work Programme Features Green and Sustainable Initiatives
Making Europe greener, fairer, and more sustainable is at the heart of the European Commission’s new work programme.
By Paul Davies, David Little, Michael D. Green, and Pierre Bichet
On 19 October 2020, the European Commission (Commission) published its Work Programme (Programme) for 2021. The Programme — “A Union of vitality in a world of fragility” — provides an overview of the Commission’s legislative priorities for the upcoming year and a timeline on when legislative initiatives will likely be published.
The initiatives for 2021 have been revised to support the economic recovery given the COVID-19 pandemic. The Programme makes clear that the recovery should be both green and sustainable.
Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case
On October 23, 2020, the California Supreme Court issued an order extending until December 7, 2020, or the date upon which review is either granted or denied, the time for granting or denying review in Golden Door Properties, LLC, et. al. v. Superior Court (County of San Diego et. al., Real Parties in Interest) (4th Dist. 2020) 52 Cal.App.5th 837. The Court of Appeal’s decision, originally published on July 30, and modified upon denial of rehearing on August 25, 2020, held that a lead agency is required to retain, and may not destroy, writings within the scope of CEQA’s mandatory and broadly-inclusive administrative record statute, Public Resources Code § 21167.6.
Centralized Sales and Use Tax Collection Proposal Submitted by Local Associations
On October 16, 2020, the attorney representing the Louisiana Association of Tax Administrators presented a proposal for centralized local sales and use tax collection in Louisiana (the “Localities’ Proposal”) to the Centralized Sales and Use Tax Administration Study Group (the “Study Group”). The Study Group was created by the Legislature earlier this year (HR
Class Location Proposal to Provide Flexibility to Operators
The Pipeline and Hazardous Materials Safety Administration (“PHMSA” or the “Agency”) published a Notice of Proposed Rulemaking (“NPRM” or the “Proposed Rule”) that provides increased flexibility to gas transmission pipelines that experience a certain change in population surrounding the pipeline (from a Class 1 to Class 3 location). These changes have been the subject of numerous Special Permit approvals for some time, and the industry has long requested that PHMSA codify this process to avoid unnecessary pipe replacements of short segments. If finalized, the Proposed Rule would provide operators an alternative option to implement integrity management (“IM”) requirements to ensure that a pipe segment is subject to appropriate class location safety factors and thereby avoid unnecessary and costly pipe replacements or pressure reductions. Comments are due by December 14, 2020.
Amendment to CCR Rule Provides Exception to Closure Requirement for Certain Unlined Ash Impoundments
The Trump administration’s EPA has again finalized changes to the CCR Rule. The most recent rule change—”Part B”—provides an exception to the Rule’s mandate that all unlined impoundments close on or before April 11, 2021. If the rule stands—a big if, for several reasons explained below—certain unlined impoundments may be permitted to continue to
New Caselaw Highlights the Boundary Between Environmental Law and Corporate Law
A recent decision by the 9th Circuit Court of Appeals highlights the boundary between environmental law and corporate law. US v Sterling Centercorp Inc., 2020 WL 5885920 (10/5/20). The case arose out of a Superfund Site in California that was the subject of a number of corporate transactions. Defendant Sterling was the corporate parent
Webinar: Renewable Energy in Latin America – An Industry Update
On Nov. 5, 2020, at 11 a.m. CST, join Greenberg Traurig, in collaboration with Rubicon Capital Advisors, for a webinar on the current renewables climate in Latin America, with a focus on Chile and Colombia.
Guest speakers include: Invenergy LLC’s Gabriel Monroy, VP of Finance & Capital Markets; Patricia Tatto, ATA Renewables’ VP of America;
Time to BUILD
With a single tweet, President Trump ended months of speculation as to whether or not Congress would provide another round of COVID relief before the election. As he announced on Twitter, the President has his sights on passing a post-election “major Stimulus Bill.” While the outcome of the election is unforeseeable, the need for major stimulus for the water infrastructure community is something every voter can get behind.
The loyal readers of my blog posts (hi mom!) know that I’m endlessly fascinated with infrastructure. I’ve yet to come across a port, a dam, or even a sewer system that I haven’t wanted to know more about. How did it get built? Did Congress play a role? Was it completed on time (ha!)? Or on budget (hahahahahaha!)? Did anyone lose their job (or reputation) in the process? Years ago when my husband and I started taking summer road trips we’d happen upon a beautiful old bridge and he’d ask me if I wanted to stop. My answer was always an enthusiastic, “YES!” These days, my husband doesn’t bother to ask. He just pulls over to let me indulge my inner infrastructure geek (or he speeds up hoping I won’t notice the structure).
September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 40 developments in the environmental, safety and health sector.
Some of the top stories this month include: