The U.S. Supreme Court has elected to hear a legal dispute over the scope of the authority granted to the Environmental Protection Agency (EPA) under the Clean Air Act to regulate greenhouse gas (GHG) emissions from existing power plants. In orders issued October 29, the Court granted certiorari to four petitioners — West Virginia, North
The Fairest of Them All: Advocating CERCLA Allocation
CERCLA Section 113(f) authorizes contribution claims among parties jointly and severally liable for the same response actions or costs. Section 113(f)(1) goes on to provide that “in resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate.”
Greenberg Traurig Warsaw Office Establishes Environmental Protection Practice Led by Counsel Barbara Pancer
The Greenberg Traurig Warsaw office has established an Environmental Protection Practice to provide clients with high-quality legal advice related to all aspects of environmental law.
New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work
By Adam R. Young, Robert T. Szyba, Robert S. Whitman, and Craig B. Simonsen
Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).
New York State has legalized medical
Nov. 17 WEBINAR: The Government’s Role in Hydrogen Development
Greenberg Traurig, in collaboration with German engineering firm DEEP.KBB and Dutch consulting firm Rebel Group, will host the next installment of their Hydrogen webinar series on Nov. 17 from 4:00 p.m. to 5:30 p.m. CEST. The topic will focus on the government’s role in hydrogen development.
Speakers include:
- Marijn Bodelier – Shareholder, Greenberg Traurig (Moderator)
Governor Murphy Signs Bill With Implications for New Warehouse Development in New Jersey
On November 8, 2021, Governor Murphy signed Assembly Bill A3352 (the “Bill”) requiring all new warehouses containing 100,000 square feet or more to reserve at least 40% of its roof space for the future installation of a solar facility. The Bill, which takes an important step towards achieving the 2019 Energy Master Plan goal of
EU Carbon Border Adjustment Mechanism Proposal and Its Relationship to the European Emission Trading Scheme
The Carbon Border Adjustment Mechanism (CBAM) is a carbon-pricing system for imports into the European Union. The relationship between the CBAM and the European Emission Trading Scheme (ETS) would be complex.
Will We Ever Stop Overestimating the Cost of Complying with Environmental Regulations?
Earlier this week, Greenwire (subscription required) had an interesting story about the role that EPA’s estimate of the cost to comply with the Mercury and Air Toxics Standards rule played in the politics and judicial review of the rule. It turned out that compliance costs were much less than originally estimated by EPA – let
What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers
By Scott Hecker, Elisabeth Watson, and Karla Grossenbacher
Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion.
Pending legal challenges have called into question the viability of ETS, published in the Federal
Changes to PCB Remediation Expected Under Proposed Rule
On October 22, 2021, EPA published a proposed rule that would, if adopted, provide a significantly enhanced additional pathway for remediation of sites impacted by polychlorinated biphenyls or PCBs. EPA helpfully included a redline version showing proposed changes to the regulatory text. EPA is receiving comments on the proposed rule until December 21, 2021.
PCBs