On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s definitely a
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Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations
Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) released highly anticipated…
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
By Seth Jaffe
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is adding expensive new sites…
Update on RGGI in Pennsylvania
By Joshua Rosen
In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of Environmental Protection (“DEP”) and Environmental Quality Board…
Change Healthcare Cyberattack: Actionable Next Steps for Impacted Entities
By Colin Zick
Key Takeaways:
- Change Healthcare, a healthcare technology company owned by UnitedHealth Group, has been impacted by a ransomware attack, so its services have been shut down.
- Patients and providers have been most severely impacted by this incident—some patients are being
…
The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief
By Seth Jaffe
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call was “necessary or…
U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for entities participating in the nationwide grid…
The SJC Provides New Guidance to Litigants in Anti-SLAPP Cases; I’m not Optimistic
By Seth Jaffe
Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’ so-called “Anti-SLAPP” statute. If you don’t know…
State Attorneys General Weigh in Amidst Supreme Court Case That Could Restrict Access to Abortion Drug Mifepristone
Attorneys general across the country have joined in litigation related to mifepristone, a drug used for medication abortions. A case currently before the Supreme Court, FDA v. Alliance for Hippocratic Medicine, could affect access to the drug by invalidating FDA…
How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites
By Seth Jaffe
It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy…