Last Friday, March 24, the White House Council on Environmental Quality (CEQ) announced the rosters for two task forces charged with providing input for the development of Carbon Capture, Utilization, and Sequestration (CCUS) programs. The task forces are a requirement
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President Biden’s First Veto is on Congress’ Disapproval of ESG Investing Rule
President Biden issued his first veto today. Biden’s veto returns to Congress a joint resolution that attempts to nullify a recent rule from the Department of Labor regarding consideration of Environmental, Social, and Governance (ESG) factors when investing in retirement
EPA Releases Another Compliance Advisory on Pesticide Devices Due to “Substantial Non-Compliance” with FIFRA Requirements
In February 2023, the US Environmental Protection Agency (EPA)’s Office of Enforcement and Compliance Assurance (OECA) quietly released a Compliance Advisory “What You Need to Know about Producing, Distributing, or Selling Pesticide Devices.” The advisory follows on the heels of
DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon Capture Demonstration Projects Program
On February 23, 2023, the US Department of Energy (DOE) published two Funding Opportunity Announcements (FOA) titled Carbon Capture Large-Scale Pilot Projects and Carbon Capture Demonstration Projects Program.
Both programs provide incentives for the power and industrial sectors
First Offshore Wind Energy Lease Sales in the Gulf of Mexico
On February 22, 2023, the US Department of the Interior’s (DOI) Bureau of Energy Management (BOEM) released its first-ever proposed notice for an offshore wind lease sale in the Gulf of Mexico.
Maine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFAS
The Maine Department of Environmental Protection (DEP) recently released a long anticipated proposed rule that would implement the procedures for Maine’s 2021 law[1] requiring manufacturers to submit notifications to DEP for products and product components containing intentionally added per-
Concurrent-Remedies Doctrine Bars Clean Water Act Claims
A district court recently dismissed multiple Clean Water Act citizen suit claims under the concurrent-remedies doctrine, confirming that the doctrine continues to be “alive, well, and strong” as a potential defense to environmental claims.
Announcement: Recent Regulatory Agendas Show Numerous Delayed Awaited Agency Actions on PFAS and TSCA Chemicals
In January 2023, federal agencies released their “Fall 2022” Regulatory Agendas that provide roadmaps for upcoming and long-term regulatory actions on chemicals that could have significant implications for the regulated community. These agendas make clear that the Biden Administration continues
BOEM Publishes Proposed Renewable Energy Modernization Rule
On January 30, 2023, the U.S. Department of the Interior’s Bureau of Energy Management published its proposed Renewable Energy Modernization Rule – which is intended to update and modernize the regulations governing wind energy development on the Outer Continental Shelf
Do the Products You Sell Contain PFAS?
A Question Every Retailer Must Be Prepared to Answer
Per- and polyfluoroalkyl substances (PFAS) have taken center stage. The Biden administration’s regulatory agenda plans numerous revisions to environmental regulations to address this broad class of pervasive substances. While the US