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 win for EPA. And while I’m leery of my ability to predict what this Supreme
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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 amendments to its air pollution regulations as required by the environmental justice provisions of the…
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
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 to the National Priorities List, while also anticipating new costs resulting from PFAS regulation and…
Update on RGGI in Pennsylvania
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 (“EQB”).
Later that year, various parties—including power producers, coal mine owners, and labor unions (collectively,…
The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief
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 appropriate to meet the [CAA’s] applicable requirements.” Without plumbing the depths of the Clean Air…
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 transition.
On February 22, 2024, the DOE announced its support for the release of cybersecurity…
The SJC Provides New Guidance to Litigants in Anti-SLAPP Cases; I’m not Optimistic
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 what SLAPP stands for, you can just stop reading now.
The purpose of the Anti-SLAPP…
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 guidelines from 2016 and 2021 that loosened restrictions on prescribing and administering mifepristone.
A key…
How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites
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 community is to be a brownfield. The IRA defined a brownfield simply as a facility…
Upcycling at the Super Bowl
As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item.
This season, celebrities Taylor Swift, Simone Biles, and others have worn unique designs based on NFL jerseys and related team-branded gear.…