On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action under §113(f)(3)(B). This decision is the Court’s latest attempt to provide clarity to CERCLA by evaluating the United States’ often inscrutable interpretations of the statute
FERC Policy on GHG Impact of Gas Pipelines on Climate Still in Flux
In two recent certificate orders issued on May 20, 2021, the Federal Energy Regulatory Commission (“FERC”) did not assess the significance of the greenhouse gas (“GHG”) emissions of natural gas pipeline projects in terms of their contribution to climate change. This seems to be a step back from a March, 2021 order, which indicated that
Think Green III: Considering Clean Air Regulations for the Cannabis Industry
New York and New Jersey are just beginning to grapple with the regulatory controls that will be placed on the states’ budding cannabis industries. Questions arise as to how each state will regulate the industry from an environmental perspective. Over the last few weeks, I have presented blog posts discussing generally the kinds of issues
Optimism Abounds for Offshore Wind
This is the fifteenth in our series on “The ABCs of the AJP.”
Historically, offshore wind has made up a very small percentage of America’s total electricity generation portfolio. The winds of change are blowing, though, as the Biden Administration’s American Jobs Plan (“AJP”), among other federal actions, signals a new commitment to harnessing this
EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses
The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and Community Right-to-Know Act (EPCRA) Toxic Release Inventory (TRI) programs. The TRI and CDR programs are
EU Moves Toward Comprehensive Corporate Sustainability Reporting Directive
On 21 April 2021, the EU Commission announced its proposal to extend existing sustainability reporting in a new Corporate Sustainability Reporting Directive (CSRD). The proposal, which revises the Non-Financial Reporting Directive (the “NFRD”), will extend the reach of sustainability reporting to more companies and will cover more sustainability topics.
This is part of a wider,
CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution after the developer successfully defended a meritless CEQA lawsuit against its construction of a private secondary
How to BLUF Your Way Through a Corps Meeting
Indulge me for a moment by imagining that you’re preparing for the trip of a lifetime. As you dutifully click through your packing checklist, you also take the time to learn a few key foreign language words and phrases for the countries that you’ll be visiting. Experience has proven that knowing simple greetings and pleasantries
Cal Safety Standards Board defers voting on second COVID-19 ETS until June
Earlier today, the California Occupational Safety and Health Standards Board held a public meeting to consider, among other items, the California Division of Occupational Safety and Health (Cal/OSHA) revised COVID-19 Prevention Emergency Temporary Standard (ETS), which was developed to replace the existing ETS that has been in place since December 1, 2020.
During the initial
Biden EPA Rescinds Trump’s Cost-Benefit and Guidance Document Rules
Although the Biden administration has yet to issue many new substantive air quality regulations, Biden’s EPA recently issued two rules revoking Trump-era procedural regulations that should pave the way for a more aggressive regulatory agenda. On May 13, EPA rescinded the “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act