State Regulation: PA Commonwealth Court Rules that PA DEP Does Not Have Jurisdiction to Review “Inaction” Under the Oil and Gas Act
On July 10, 2023, the Commonwealth Court of Pennsylvania found that, under Pennsylvania’s Oil and Gas Act, the inaction of the Pennsylvania Department of Environmental Protection (PA DEP) does not count as an
NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner
The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring commercial development owner. To comply with CEQA, the City of Newport Beach prepared an addendum to an existing environmental impact report (EIR)
Texas Takes the Lead in Addressing Workplace Violence in Healthcare Facilities
Seyfarth Synopsis: Workplace violence costs employers billions of dollars per year. More importantly, these incidents can cause immense physical and psychological harms to employees. The consequences of these harms impact productivity and morale, and can lead to individuals leaving the workforce. Compared to other job sectors, professionals working in the healthcare industry experience higher rates
Greenhouse Gas Emission Disclosures in Real Estate Contracts and Beyond
Exploring how GHG emission disclosures are shaping contracts including influencing real estate sales
Agricultural Law Weekly Review—July 24, 2023
Water Quality: States and EPA Jointly Move to Dismiss Chesapeake Bay Water Pollution Suit
On July 12, 2023, all parties involved in Chesapeake Bay Foundation v. Environmental Protection Agency filed in the U.S. District Court for the District of Columbia a joint stipulation notifying the court of the parties’ voluntary dismissal, without prejudice, of all
NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones
On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of Completion (COC) milestones and affordable housing deadlines. With respect to BCP submittals, the letter emphasizes the importance of applicants making the submittals necessary
Enviro Justice Org Wants to Sue Warehouses to Enforce South Coast AQMD’s Warehouse Indirect Source Rule
Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties. The rule requires warehouse operators to account for truck trips to and from their facilities and mitigate
Tennessee AG Sues More Than 20 PFAS Manufacturers
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
California Hydrogen Updates
As we previously covered in our blog last week, both the Federal and certain State governments are proposing legislation to subsidize or otherwise enhance the use of hydrogen as an alternative fuel to reduce greenhouse gas emissions from selected “hard to abate” industrial sectors such as heavy industry, transportation and marine shipping. Last week’s blog
Investment in Transmission Infrastructure for Future Offshore Wind Developments
Given the ambitious targets for offshore wind in support of the UK’s net zero ambitions, it is recognised that the existing grid connection infrastructure may be inadequate and that it is likely that provision needs to be made for more co-ordinated grid connections that incorporate the additional capability required to connect future offshore generation projects.