In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act (CWA) permits are required for wetland dredging and filling and pollutant discharges, as well as other CWA
Environmental, Social, and Governance
Favorable Winds for Offshore Development – Inflation Reduction Act and Other Updates
The offshore wind industry stands to gain additional momentum this summer as the Inflation Reduction Act (IRA) moves through Congress to its anticipated passage. The budget reconciliation package associated with the bill continues to reflect a substantial investment in the further development of renewable energy measures, several of which relate to offshore wind and related…
The EEOC Releases New COVID-19 Guidance – What Employers Should Know
Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) made several noteworthy revisions to its guidance to address changing pandemic conditions. Even though the COVID-19 pandemic may have subsided in…
EPA Power Plant Ruling Could Have Broader Effects for Industry
Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Last week, the U.S. Supreme Court issued its decision that the Environmental…
EPA Establishes New Health Advisories for PFAS
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health advisories are listed below:
PFAS | Health Advisory (in parts per trillion) |
PFOA (perflurooctanoic acid) | 0.004 ppt |
PFOS (perfluorooctane sulfonic acid) |
MA SMART Program: New Guidelines for Agricultural Solar Tariff Generation Units
On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER) Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable Target (SMART) Program took effect. The Guideline supplements the SMART Program regulations (225 CMR 20.000), provides guidance on how a Solar…
SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act…
SEC Proposed Rule on Climate-Related Disclosures: A Look at Scope 3 Emissions Reporting Requirements
True to its word, the SEC released its proposed rule, The Enhancement and Standardization of Climate-Related Disclosures for Investors, last week. The rule would require companies to disclose a wide variety of climate-related information, including information about climate-related risks that are reasonably likely to have material impacts on its business and/or its consolidated financial…
EPA Announces Additional Actions to Advance Environmental Justice Efforts
Throughout the first year of the Biden-Harris Administration, Environmental Justice (EJ) has been a focus of the U.S. Environmental Protection Agency. As I wrote about in November 2021, since January 2021 EPA has released numerous policies and guidance documents on EJ-related issues and has taken unprecedented actions in connection with permitting reviews and enforcement…
Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing
Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market capitalization losses.
Danimer manufactures polymers, resins, and plastic alternatives that are used in a number of plastic products. The complaint alleges that the company…