Week of August 10

Even during the dog days of summer, the environmental and energy world rarely stays quiet for long. This week’s headlines featured multibillion-dollar PFAS settlements, new restrictions on critical mineral exports, renewed scrutiny of offshore wind projects, and continued debate over the scope of federal agency authority. Please reach out if you…

Week of August 3

This was another week where the courts were as active as the regulators. Decisions involving EPA authority, climate liability, renewable energy development, and grid modernization continued to shape the legal and regulatory landscape, while states and regulators wrestled with the growing demand that AI and data centers are placing on the…

Last week, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a Proposed Rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).  This marks the next step in a trend of increasing regulation of per- and polyfluoroalkyl substances (PFAS), a class…

Perhaps not as glamorous as the Times Square crystal ball, but something else drops at the start of the New Year: The threshold for mandated food waste separation and recycling by certain industrial and commercial facilities in Connecticut.

Legislation passed this year cut in half the annual tonnage of organic waste generation – from 52…

An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021).

Golden Gate Way (GGW) hired environmental consultant Enercon to perform a Phase II Environmental Site Assessment in connection with a refinancing…

Growing evidence suggests that corporate focus on ESG—Environmental, Social, and Corporate Governance—may offer short- and long-term advantages to both companies and investors. These advantages are in addition to and apart from the residual benefits to society-at-large that may be created by a company with a strong ESG performance.

While some may view ESG as a…