After nearly two decades of litigation, the U.S. Environmental Protection Agency (EPA) recently finalized a suite of four regulations targeting the power sector. The rules aim to address greenhouse gas (GHG) emissions, mercury pollution, wastewater management, and coal ash disposal.
Predecessors to the current GHG and mercury rules faced particularly close judicial scrutiny, with the
Plans by state and local authorities to ration energy are wrongheaded and as this legal challenge will show, preempted by federal law under the Supremacy Clause of the U.S. Constitution
I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with FEMA and including other interested parties, educated folks on several FEMA missions and discussed how those missions should handle the
EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.
By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo
On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals
Introduction
On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden Administration’s revisions to the regulations that implement the National Environmental Policy Act (“NEPA”).
NEPA imposes a procedural requirement
On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule “shall supersede” all
EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration.
By Stacey L. VanBelleghem, Karl A. Karg, and Phil Sandick
On April 25, 2024, the US Environmental Protection Agency (EPA) released its final rule (the Power Plant GHG Rule or
By Stanley Jutkowitz and Susan Ryan
Seyfarth Synopsis: Cannabis would move to Schedule III from Schedule I under this reclassification.
In a move long awaited by the cannabis industry, the Drug Enforcement Administration (DEA) has decided to re-schedule cannabis. Currently classified under Schedule I, along with heroin, cannabis would now move to Schedule III,
In a survey carried out by HSBC in 2023, 97% of real estate developers and investors said net zero was important to their business and 59% of the largest real estate companies said net zero was their top priority.
A third of companies in the sector already have Transition Plans and the push for formalising
In a judgment delivered on Wednesday 5 September, the Court of Appeal reinstated the position as to when a party can assert Legal Professional Privilege, specifically Litigation Privilege, related to an investigation into circumstances that may lead a regulator to commence criminal proceedings.
The case centred on documents produced by solicitors and forensic accountants who