I’ve written previously about the urgency associated with the problems caused by waste plastic. However, there’s a big difference between me blogging about it and Michael Bloomberg opening his wallet to try to do something about it. And the news this week was that Michael Bloomberg is putting $85 million into a new “Beyond
Greenberg Traurig Represents Clēnera on Construction and Tax Equity Financing for the 105 MW DC Apex Solar Project
Global law firm Greenberg Traurig, LLP helped client Clēnera to close on construction and tax equity financing for the 105 MW DC Apex Solar project located in Beaverhead County, Montana. The deal team was led by Jeffrey A. Chester, co-head of the firm’s Energy Project Finance & Development Practice, and John Eliason,
A New Approach to Executory Contracts? Fifth Circuit Opens the Door for the Functional Approach
In a decision holding that surety bonds are not executory contracts, the Fifth Circuit signaled that courts may in the future utilize the functional approach to determine if multiparty contracts are executory in nature. The case, filed in the United States Bankruptcy Court for the Middle District of Louisiana as In re Falcon V, L.L.C.,
Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision
I recently wrote a column for The Legal Intelligencer’s Pennsylvania Law Weekly, reposted on this blog here, raising questions about whether the Pennsylvania courts have correctly identified the public natural resources that ought to be valued and conserved as the corpus of the public trust established by the Environmental Rights Amendment to the Pennsylvania
The Senate Ratifies the Kigali Amendment: Is Bipartisan Climate Action Possible?
Earlier this week, the Senate ratified the Kigali Amendment to the Montreal Protocol. The amendment, which has already been ratified by most other countries, will result in the phase-out of hydrofluorocarbons, a group of potent greenhouse gases. Substantively, this is a big deal. Estimates are that it will prevent about ½ a degree Celsius in
U.S. Fish and Wildlife Service Proposes Listing Tricolored Bat as Endangered Under Endangered Species Act
The U.S. Fish and Wildlife Service (the “Service”) published a proposed rule listing the tricolored bat as an endangered species under the Endangered Species Act (“ESA”). The tricolored bat occurs in portions of 39 states, including Texas, Iowa, and Oklahoma, which contain a significant concentration of utility-scale wind projects. In combination with the Service’s proposed “endangered” designation
Prop 65 Regulatory Update for the Cannabis Industry: Tailored Warnings Become Effective October 1, 2022 with a 1-Year Grace Period for Compliance
As we noted in a prior post, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed tailored Prop 65 safe harbor warnings for THC and marijuana smoke, following listing THC for reproductive harm and marijuana smoke as cancer-causing in January 2020 (marijuana smoke was already listed for reproductive harm as of 2009). After
Court Holds CEQA Is Not Preempted in Federal Hydroelectric Relicensing Proceeding
In County of Butte v. Dep’t of Wat. Resources (2022) 13 Cal.5th 612, issued on August 1, 2022, the California Supreme Court carved out a role for the California Environmental Quality Act (“CEQA”) even where the project is largely governed by a federal proceeding. The case arose in connection with the relicensing of the Oroville
Court Finds that Addressing Cumulative Impacts of Air Toxics Required for Air Permitting in Louisiana
The 19th Judicial District Court in Baton Rouge, Louisiana issued a decision on September 14, 2022, vacating a proposed industrial facility’s permit issued by the Louisiana Department of Environmental Quality (“LDEQ”) and finding that LDEQ violated the federal Clean Air Act and its duty under the Public Trust Doctrine.[1] Although the decision concerns permitting
Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate
On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s Environmental Impact Report (“EIR”) for a water bottling facility. The court held that (1) the County’s EIR for the botting