The Inflation Reduction Act, Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), among other things creates tax incentives for clean energy development. The IRA enhances those tax credits for energy projects located on a “brownfield.” That enhancement will increase development pressure on “brownfield” sites. There may be some confusion over how “brown” a
The recent decision (20 February 2024) of the High Court in R (Rights Community Action) v Secretary of State is a rare example of an NGO succeeding in a climate change legal action under English law. In the case, Rights Community Action persuaded the High Court to overturn a finding by the Secretary of State’s
By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been fever-free for 24 hours and their symptoms
Back on August 29, 2023, U.S. EPA issued the rule to conform its regulations to the ruling of the U.S. Supreme Court in Sackett v. EPA which significantly reduced the number of wetlands that are federally protected under the Clean Water Act (CWA). (See, prior post discussing Sackett) The Court limited federal jurisdiction to only
The allegation is founded in the apocalyptic environmental belief that net zero is not attainable from a meat processor
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Right to Farm: West Virginia Passes Law Prohibiting Interference with ‘Permissible’ Pesticide Use, Expands Agriculture Protections 
On February 23, 2024, West Virginia Governor Jim Justice approved legislation SB 171, which amends W. Va. Code §7-1-3 to prohibit county commissions from enacting any law “that
State Regulation: Colorado Limits Government Use of Gas-Powered Lawn Equipment 
In February 2024, the Colorado Air Quality Control Commission (AQCC) formally adopted a new regulation first announced in December 2023, that limits the use of gas-powered lawn equipment by state agencies. The new regulation is only applicable during summer months, beginning June 2025, and affects
On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting the complex interplay of environmental justice, political considerations, and regulatory challenges. EPA first proposed the
In a significant move designed to enhance public health, the U.S. Food and Drug Administration (FDA) has announced that the sale of per- and polyfluoroalkyl substances (PFAS) used in grease-proofing food packaging has ceased in the United States. (USFDA Announcement) This decision targets the major source of dietary exposure to PFAS, which are found in
Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it (1) largely prohibits PFAS-containing firefighting foam, (2) asks the New Jersey Department of Environmental Protection (NJDEP) to form a collection