As the April column in this series pointed out, the Infrastructure Investment and Jobs Act of 2021 reinstituted the Superfund chemical excise tax. Somehow, more than a few of our colleagues and clients have formed the expectation that environmental practitioners are the lawyers knowledgeable on this tax. Humoring them, I try here to provide a
The European Parliament and Council are in the last stages of the legislative procedure to adopt a Regulation on Batteries and Waste Batteries (“Sustainable Batteries Regulation”), which the European Commission proposed in December 2020. Among other many requirements, the proposed Sustainable Batteries Regulation will require manufacturers to ensure that the portable batteries
The system aims to stimulate innovation in GHG-reduction activities as part of the country’s 2030 Emissions Reduction Plan.
By JP Brisson, Michael Dreibelbis, and Alicia Robinson
On June 8, 2022, Canada launched the Greenhouse Gas (GHG) Offset Credit System (the System) to create a “market-based incentive to undertake innovative projects that reduce greenhouse
On June 28, a coalition of 11 environmental groups petitioned the U.S. Environmental Protection Agency (EPA) under the Administrative Procedure Act and the Clean Air Act to address the alleged failure of Texas Commission for Environmental Quality (TCEQ) to comply with and properly implement public participation and environmental justice requirements in its air permitting program.
The United States Environmental Protection Agency (US EPA) continues to advance various aspects of its chemicals regulatory agenda under the Toxic Substances Control Act (TSCA). A key part of the Biden Administration’s revisions to the TSCA program is its planned new screening approach for assessing ambient air and water exposures to fenceline communities. This screening
There has been a reasonable amount of recent activity related to management (or lack thereof) of plastic waste. Two more developments this month have me wondering whether we might be near the proverbial tipping point in our approach to managing plastics.
First, California enacted a fairly sweeping statute, S.B. 54, that will impose extended
On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42
Before the 2010s, many real estate deals closed without the mere mention of per- and polyfluoroalkyl substances (PFAS) as part of negotiations or in diligence. Leap forward a decade to 2022 and diligence questions relating to the presence of PFAS on real estate are essentially market, especially for industrial and some commercial properties. The paradigm
Vietnam’s Ministry of Industry and Trade (MOIT) on 20 May 2022 released a revised draft decision on the proposed direct power purchase agreement (DPPA) pilot scheme for stakeholder consultation (May 2022 Draft Decision). Vietnam is seeking to implement a DPPA pilot scheme which, for the first time, will enable renewable energy generators to sell clean electricity
In May we published a legal update on the recent Australian federal election (here) and what a new Labor government may mean for the renewables industry in Australia. The note highlighted that no specific legislation was planned for hydrogen.
Australia’s states have been more active in trying to jump on the hydrogen bandwagon.