Environmental Law Advisor

Even though communities are likely to reap many benefits from proposed renewable energy projects, local opposition can delay – or altogether thwart – the progress of renewable energy projects.

A district court judge adopted the rarely applied “constructive submission” doctrine, which could ultimately give advocacy groups leverage over states that ignore Clean Water Act (CWA) requirements.

As federal tax incentives for wind and solar energy projects set to expire this year, project costs will increase, which is sure to impact the renewable energy market in 2020.

Perfluoroalkyl substances (PFAS) — long used in consumer and industrial products — have recently been in the news and the subject of increased regulatory attention, resulting in proposed and implemented regulation on both the state and federal level.

Illinois’ new cannabis legislation legalizing recreational cannabis is lauded as the “greenest in the nation” for its integrated environmental protections.

Renewable energy is the fastest-growing energy source in the United States, and its development is expected to continue the growth trajectory well into 2020 and beyond.

The U.S. Environmental Protection Agency (EPA) announced the latest step in implementing its February 2019 “Action Plan” for regulating a group of synthetic chemicals called per- and polyflouroalkyl substances (PFAS) last week.

Environmental non-governmental organizations (NGOs) are pursuing litigation against EPA to force companies that have never intentionally used asbestos in a product to file reports linking their products to asbestos.

The US Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions.

Informal guidance memos can be a powerful tool — allowing agencies to quickly pivot following a change in administration, avoiding the time and expense associated with the notice and comment process.

On August 9, 2019, the EPA plans to publish a proposed rule to codify the current interpretation of New Source Review (NSR) Project Emissions Accounting.

Regulated companies need to understand what material courts can consider when they review administrative decisions.

New York Governor Andrew Cuomo just signed into law an ambitious statewide climate change agenda – the Climate Leadership and Community Protection Act (CLCPA).

A key building block of US government is how administrative agencies interpret their own regulations.

Everyone knows that environmental cleanups are complicated.

The EPA announced its final rule for power plant greenhouse gas (GHG) emissions, culminating often rancorous discussion and litigation over the EPA’s authority to regulate GHG emissions from existing coal-fired electricity generating sources.

As investors become more interested in incorporating sustainability into investment portfolios, many project proponents find that incorporating ESG into infrastructure planning provides a “leg up” in securing investors and financing.

The DC Circuit handed down an opinion in Sierra Club v. EPA last month that tossed the Sierra Club’s challenge of a US Environmental Protection Agency (EPA) rule from the Obama Administration.

Chicago has a long list of things to be proud of, but the current state of the city’s combined sewer system infrastructure is not at the top of that list.

Integrating green remediation and sustainable practices can accelerate site cleanups, reduce costs, lower emissions of greenhouse gases, and contribute to meeting state and local renewable energy standards.

Earlier this month, the SEC’s Division of Corporation Finance issued a no-action letter saying that ExxonMobil could exclude a shareholder proposal that called for the disclosure of specific greenhouse gas (GHG) emissions targets – specifically, targets that correspond with goals outlined in the Par

With city after city setting 100 percent clean energy goals and states following in lockstep, opportunities are growing for renewable energy companies to develop utility-scale projects.

In separate decisions, a federal district court in Alaska recently struck down two Trump Administration efforts to roll back President Obama’s environmental initiatives.

Strategic in-house counsel and court-watchers are keeping a close eye on developments related to the U.S. Supreme Court’s recent commitment to further address deference to administrative interpretation of regulations, a fundamental legal principle central to the regulated community.

Municipalities and other local governments do not have free rein when it comes to regulating the environment, and the Second Circuit’s recent decision in Vermont Railway, Inc. v. Town of Shelburne is a clear reminder of that fact.