On August 16, 2022—one year ago today—President Biden signed the Inflation Reduction Act (“IRA”), the most significant clean energy and climate law in U.S. history. As we described in a series last summer, the IRA created durable tax credits and other fiscal programs to revitalize domestic manufacturing and incentivize clean energy solutions in nearly every
Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives” (Comments requested by Monday August 21)
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019 state ban on intentionally added per- and polyfluoroalkyl substances (“PFAS”).
Maine’s 2019 Toxic Chemicals in
Updates to the GHG Protocol Corporate Standard and Guidance: What to Expect
The Greenhouse Gas (GHG) Protocol Corporate Standard and related guidance are widely accepted as leading sources for companies to use in quantifying and reporting their GHG emissions. Companies report GHG emissions for a number of reasons (both legally mandated and voluntary) and in a number of contexts. Accurate accounting and reporting is critical because inaccuracies
OSHA to Require Better-Fitting PPE in Construction
By Adam R. Young, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA announced last week a notice of proposed rulemaking to revise the personal protective equipment standard for the construction industry. A revised standard will clarify that personal protective equipment (PPE) must fit each affected employee properly, to protect them from occupational hazards.
Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives”
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019 state ban on intentionally added per- and polyfluoroalkyl substances (“PFAS”).
Maine’s 2019 Toxic Chemicals in
Previewing the Gulf of Mexico Offshore Wind Lease Auction
On July 21, 2023, the Bureau of Ocean Energy Management (BOEM) issued a Final Sale Notice (FSN) for offshore wind leases covering three areas on the Outer Continental Shelf (OCS) of the Gulf of Mexico (GOM). The auction will include a 102,480-acre area off the coast of Lake Charles, Louisiana and two areas off the
Newest Amendment to Article 966 of the Louisiana Code of Civil Procedure Requires Strict Adherence for Summary Judgment Evidence
The 2023 Regular Legislative Session’s enactment of HB 196 brings robust changes to Louisiana’s summary judgment procedure, set forth in Louisiana Code of Civil Procedure Article 966. The newest amendment to Article 966 focuses primarily on summary judgment evidence, and these changes demand strict adherence to the newly amended summary judgment procedure.
Expansion of Documents
Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners. That is because the Cape Cod problem is a specific instance of a more general environmental issue: the nitrogen in surface waters does not come
Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth briefly reviewing what the case was actually about and what the decision says. 
First, it’s important to
EPA Proposes to Modify Regulations to Facilitate State Assumption of CWA Section 404 Permitting
On August 14, EPA published its proposed modifications to regulations establishing the requirements for a state or tribe to assume the Clean Water Act (CWA) section 404 permit program, including necessary state program elements, EPA responsibilities (e.g., approval and oversight of assumed programs), and requirements for review, modification, and withdrawal of state programs. 88 Fed.