The Greenhouse Gas (GHG) Protocol Corporate Standard and related guidance are widely accepted as leading sources for companies to use in quantifying and reporting their GHG emissions. Companies report GHG emissions for a number of reasons (both legally mandated and voluntary) and in a number of contexts. Accurate accounting and reporting is critical because inaccuracies
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EPA Proposes to Modify Regulations to Facilitate State Assumption of CWA Section 404 Permitting
On August 14, EPA published its proposed modifications to regulations establishing the requirements for a state or tribe to assume the Clean Water Act (CWA) section 404 permit program, including necessary state program elements, EPA responsibilities (e.g., approval and oversight of assumed programs), and requirements for review, modification, and withdrawal of state programs. 88 Fed.
Possible Stringent Secondary NAAQS Raise Implementation Questions
Secondary NAAQS have traditionally not been more stringent than primary ones, yet EPA’s staff and science advisors are developing recommendations that EPA promulgate such standards. Any new, more stringent secondary NAAQS would raise significant implementation questions.
Recent Regulatory Agendas Show Robust Slate of Rulemakings Coming for TSCA and PFAS
In June 2023, federal agencies released their “Spring 2023” Regulatory Agendas that provide an outlook for numerous upcoming regulatory actions on chemicals which could have significant implications for the regulated community. Hunton Andrews Kurth LLP’s regulatory team have provided analyses of these upcoming regulatory actions:
California Governor Newsom Signs Legislation Intended To Facilitate Clean Energy and Infrastructure Development
On July 10, 2023, California Governor Gavin Newsom signed into law a suite of bills intended to facilitate the permitting and approval processes for clean energy and other infrastructure projects in California.
Enactment of these measures in conjunction with the state’s budget bill marked the culmination of negotiations between the governor and state legislators that
PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
While liability for PFAS—per- and polyfluoroalkyl substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by a company’s customers or customers of customers for resulting bodily injury and
Looking for Protection from Future Environmental Citizen Suits? The Eleventh Circuit Provides Guidance
A recent decision by the Eleventh Circuit could provide guidance to defendants seeking to resolve government enforcement actions and obtain protection from future environmental citizen suits.
Department of Energy Establishes Clean Hydrogen Roadmap
On June 5, 2023, the US Department of Energy (DOE) published its US National Clean Hydrogen Strategy and Roadmap. This report addresses the Infrastructure Investment and Jobs Act (IIJA) requirement that the DOE “develop a technologically and economically feasible national strategy and roadmap to facilitate widespread production, processing, delivery, storage, and use of clean
Minnesota Becomes Second State To Pass Sweeping PFAS Ban and Reporting Law Targeting All Products
In May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances (PFAS) in 2025 and then all products in 2032, and also establishes reporting requirements for products containing PFAS starting in 2026. Minnesota has become the second state in the country
Amendments to NEPA Following Debt-Ceiling Deal Would Improve Permitting for Major Infrastructure Projects
On June 3, 2023, President Biden signed the Fiscal Responsibility Act to temporarily suspend the United States’ debt limit. The legislation also amends the National Environmental Policy Act with the intent of streamlining the federal permitting process for infrastructure projects.