Today, the U.S. Environmental Protection Agency (EPA) announced that Administrator Regan signed a proposed rule to designate two of the most widely studied per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The proposed designation for PFOA and PFOS, if and when finalized, would provide EPA
Commerce Department Delays Auxin Preliminary Determination on Solar Trade Imports
The Department of Commerce announced Aug. 23 it is delaying the issuance of the preliminary determination in the Auxin circumvention investigation until Nov. 28, 2022. The date had been set for Aug. 29, 2022. The decision is in response to a request by the petitioner, Auxin Solar, Inc., to allow Commerce more time to develop
World’s first Code of Conduct for ESG Evaluation and Data Providers in Japan
In response to known challenges concerning ESG evaluation and data provision, including transparency and fairness of evaluation, and the expanding role of organizations which provide these services, Japan has compiled a draft Code of Conduct for ESG Evaluation and Data Providers. The draft Code was published in July 2022 and can be read here.
Supreme Court Corrects Butte County Opinion’s CEQA Misstatement In Response To Counsel’s Letter
At its weekly conference held on August 24, 2022, the California Supreme Court acted to modify its recent majority opinion in County of Butte v. Department of Water Resources (State Water Contractors) (2022) 13 Cal.5th 612, Case No. S258574. In granting the request, made in a letter signed by a number of leading CEQA practitioners,
US EPA’s Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives
While the US has begun considering the implications of the US Supreme Court’s monumental June 28, 2022 opinion addressing air emissions from power plants, without much fanfare US EPA sent a proposed rulemaking to the White House Office of Management & Budget (OMB) for pre-publication interagency review that could be significant for “major source” air
Environmental aspects of the Inflation Reduction Act of 2022
Introduction
President Biden signed the Inflation Reduction Act of 2022 (the Act) into law on August 16, 2022. The Act represents an expansive investment in the energy industry, with many provisions targeting clean energy and climate change issues through funding and tax credits. However, several notable provisions from an environmental permitting and compliance standpoint are
Trial Court Failed to Take Catalytic Effect of CEQA Lawsuit into Account When Denying Petitioners Attorney’s Fees Following Voluntary Dismissal
In Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, the Third District Court of Appeal held that the trial court abused its discretion in denying motions for attorney’s fees arising out of the voluntary dismissal of coordinated petitions following project changes and decertification of the challenged EIR under pressure from Governor
Massachusetts to Require Disclosure of Energy Usage from Large Buildings
Lost amid the more high profile items in Massachusetts’ recently enacted Act Driving Clean Energy and Offshore Wind is a requirement that the Department of Energy Resources establish a program requiring large buildings across the Commonwealth to report energy usage on an annual basis. The requirement goes into effect on July 1, 2024, but DOER
Renewable Energy in Latin America Updates – August 2022
With the steady development of the renewable energy sector in Latin America, this GT Alert presents significant recent advances in several countries in the region.
US EPA Resurrects Long-Dormant DINP Rulemaking
While rulemakings under the Administrative Procedure Act typically take several years from proposal to enactment, that can vary significantly. While some rules run a fairly standard course, others languish for years with no action nor any apparent reason for inaction. EPA’s recent revival of a proposed rule that is now, were it a person, old