It is not often that the Supreme Court takes on significant environmental cases – and in this instance – two significant decisions were issued by the Court within a month of each other.
For overviews and key takeaways of these
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EPA Issues Interim Guidance for Site Field Work Decisions Due to the COVID-19 Pandemic
On April 10, 2020, the United States Environmental Protection Agency (EPA) issued its anticipated Interim Guidance (Guidance) to regional offices on field work at contaminated sites during the COVID-19 pandemic. The Guidance follows EPA’s earlier interim guidance on enforcement discretion,…
EPA Enforcement Discretion Policy in Response to COVID-19 Pandemic
On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance regarding enforcement discretion in light of the COVID-19 pandemic. The guidance acknowledges that COVID-19 may impair compliance with environmental laws and regulations and sets forth the steps that regulated…
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On February 20, 2020, the U.S. Environmental Protection Agency (EPA) announced its preliminary determination to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The preliminary determination marks an important step in setting maximum contaminant levels (MCL) for PFOS and PFOA.…
The Navigable Waters Protection Rule Narrows the Scope of Clean Water Act Jurisdiction
On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) (collectively, “Agencies”) finalized the Navigable Waters Protection Rule, which redefines the jurisdictional scope of the Clean Water Act (CWA or “Act”). The new…
New York State Public Service Commission Flexes “Just and Reasonable” Muscle to Impose Sweeping Reforms to Energy Marketplace
The New York State Public Service Commission (“Commission”) leveraged an unprecedented interpretation of its “just and reasonable” regulatory authority to impose drastic changes to the retail energy marketplace, which will have ripple effects on Renewable Energy Credit (REC) markets, retail…
New York State Public Service Commission Flexes “Just and Reasonable” Muscle to Impose Sweeping Reforms to Energy Marketplace
The New York State Public Service Commission (“Commission”) leveraged an unprecedented interpretation of its “just and reasonable” regulatory authority to impose drastic changes to the retail energy marketplace, which will have ripple effects on Renewable Energy Credit (REC) markets, retail…
New York State Public Service Commission Modernizes Community Solar Billing Procedures
Since the New York State Public Service Commission (“Commission”) first authorized the Community Distributed Generation (CDG) program in 2015, CDG Sponsors—the entities that organize, own and/or operate CDG projects—have faced an uphill battle in explaining the program, marketing it to…
Reset 2.0?
Public Service Commission Resets Retail Energy Marketplace:
All ESCOs Required to Re-Register Under New Rules and Completely Revise Product Offerings
On December 12, 2019, the New York State Public Service Commission (“Commission”) voted to reset the retail energy marketplace by…
Reset 2.0?
Public Service Commission Resets Retail Energy Marketplace:
All ESCOs Required to Re-Register Under New Rules and Completely Revise Product Offerings
On December 12, 2019, the New York State Public Service Commission (“Commission”) voted to reset the retail energy marketplace by…