The Biden Administration has indicated that the U.S Environmental Protection Agency (EPA) will include environmental justice issues among its priorities. EPA defines “environmental justice” as meaning fair treatment and meaningful involvement of people regardless of their race, color, national origin, or income regarding the development, implementation, and enforcement of environmental laws. EPA’s new emphasis on
As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of the United States. Betting money does not favor EPA in either case.
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Property management companies (PMC) need to pay attention to a recent change in the U.S. Environmental Protection Agency’s (EPA) enforcement discretion concerning liability from renovations that could encounter lead-based paint. EPA has announced a change to its enforcement priorities for the Lead Renovation Repair and Paintings (RRP) Rule, which applies to renovations, repairs, or painting
On January 18, the White House Council on Environmental Quality (CEQ) urged the Fourth Circuit, U.S. Court of appeals to affirm the pre-application dismissal of environmentalists’ litigation over a Trump era rule that significantly altered how agencies utilize the National Environmental Policy Act (NEPA), including their climate analysis.
The White House has taken a strong stance in expanding the production and use of Sustainable Aviation Fuel (SAF) to reduce carbon emissions in the aviation industry. SAFs are liquid hydrocarbon fuels that are blended into the existing fuel supply using materials like waste, fats, cooking oils and corn. The Administration has identified the aviation
In Old E. Davis Neighborhood Assn v. City of Davis (Dec. 20, 2021, C090117) ___Cal.App.5th___ [2021 Cal. App. LEXIS 1114], the Third District Court of Appeal upheld the City of Davis’s (City) determination that a proposed mixed-use development project (Project) was consistent with the City’s General Plan (GP). The Court held that the City’s
On October 20, 2021, Delaware Governor John Carney signed into law House Bill 8, which is enacted as Delaware’s Drinking Water Protection Act (29 Del. C. §§ 8090-8094).
The Act contains two primary directives requiring: (1) establishment of maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS); and (2)
On January 20, 2022, the New York Public Service Commission (Commission) issued its Order on Power Grid Study Recommendations concerning investments in the State’s electric transmission and distribution system that are necessary to meet the mandates of the Climate Leadership and Community Protection Act (CLCPA). The Order focused mainly on changes to New York’s offshore
2021 ESG Developments
In the aftermath of the initial effects of the Coronavirus pandemic, many wondered if the key ESG issues brought to light in 2020 would be pushed aside in the new year. Instead, as we expected, ESG issues assumed greater prominence and consideration by regulators, employees, customers and other stakeholders in 2021. Organizations
On Jan. 5, Mr. Mohammed Chamin – a Member of the European Parliament and the “rapporteur” on the proposed Carbon Border Adjustment Mechanism (CBAM) in the Parliament’s Committee on Environment, Public health and Food Safety (ENVI) – announced that a draft report on the CBAM proposal had been sent to shadow rapporteurs for discussion. This