The Greenhouse Gas Protocol (“GHG Protocol” or “Protocol”)—a leading standard setter for measuring and managing corporate greenhouse gas emissions, borne of a partnership between World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD)—has opened stakeholder surveys concerning the revision of its Corporate Accounting and Reporting Standard, Guidance on Scope 2 Emissions,
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National Drinking Water Regulation Proposal May Be Pushed to 2023
Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary drinking water regulations (NPDWR), including a proposal to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water, is now projected for…
FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come.
By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer,…
EPA (Finally) Finalizes Phase I Environmental Site Assessment Rule
New York State Climate Action Council Adopts Final Scoping Plan to Achieve Climate Goals
Now that the New York State Climate Action Council adopted the final scoping plan, the Climate Leadership and Community Protection Act requires the Department of Environmental Conservation to adopt regulations to enforce emissions mandates consistent with the Plan, which must be promulgated by Jan. 1, 2024.…
EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied
As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX. EPA moved to dismiss the petition on the basis that the…
Another Day Older and Deeper in (Carbon) Debt
The International Energy Agency has released its 2022 Coal analysis and forecast. It is sobering. By the time 2022 is over, world-wide coal consumption will have exceeded 8 billons tonnes for the first time. In other words, 2022 was a record year for coal. It is true that demand was largely flat compared to 2021…
FERC Proposes to Implement Expanded Transmission Siting Authority
On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant’s request to site transmission facilities in a designated National Interest…
Shale Law Weekly Review—Week of December 19, 2022
GHG Emissions: Environmental Groups File Lawsuit Against EPA Seeking Updated Nitrogen Oxide Emissions Standards
On December 7, 2022, the Environmental Defense Fund and Sierra Club filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Environmental Protection Agency’s failure to update 2006 air pollution standards for stationary combustion turbines.…
First District Rejects CEQA Challenges To EIR For Petaluma River Apartment Project, Upholds Special Status Species Baseline And Public Safety/Emergency Access Impacts Analyses As Supported By Substantial Evidence
In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed on a 15.45-acre parcel of vacant land along the Petaluma River. Save North Petaluma River…
