Danelle Gagliardi

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Springtime Showers Brings State Legislation in the US Friendly to Solar and Wind Energy

During the spring’s customarily dreary weather, many states have been seeking out sunshine and wind. In the months of March and April alone, eight states in the US passed legislation in an attempt to either make the permitting process easier for solar and wind power or to commit to the use of renewable power by … Continue Reading

Latest News and Perspectives on California Prop 65

The latest news and perspectives on California’s Proposition 65 (Prop 65) track the passage of the newly-amended Clear and Reasonable Warnings regulations under Prop 65, which took effect on August 30, 2018. Significantly, plaintiffs have started to target companies whom they believe to not be in compliance with the newly-amended regulations.  Read more below about … Continue Reading

Warning: One Month Left Before New California Prop 65 Regulations Become Operative on August 30, 2018

We are now in the final month before the newly-amended Clear and Reasonable Warning regulations in California’s Proposition 65 (Prop 65) take effect on August 30, 2018. Businesses have had since August 30, 2016 to prepare and comply with the newly-amended regulations, and we have been posting regular reminders (1-year reminder and 6-month reminder), which … Continue Reading

Warning: Only 6 Months Left Before New Prop 65 Regulations Become Operative on August 30, 2018

As of today’s date, businesses have only 6 months to comply with the newly-amended Clear and Reasonable Warnings regulations in California’s Proposition 65 (Prop 65), which take effect on August 30, 2018. We posted a 1-year reminder here, which discusses the history of Prop 65, the new requirements in the regulations, and the potential increase in … Continue Reading

US EPA’s Superfund Task Force Recommendations May Expedite Cleanup and Reuse Process for Contaminated Sites

Shortly after being confirmed as the new US EPA Administrator, Scott Pruitt appointed a Superfund Task Force to review the approximately 1,300 Superfund sites in the United States and make recommendations on how to improve and restructure the cleanup process. Administrator Pruitt observed that “many of these sites have been listed as Superfund sites for decades, some … Continue Reading

Warning: Only One Year Left Before New Prop 65 Regulations Become Operative On August 30, 2018

As of today’s date, businesses have just one more year to comply with the newly-amended Clear and Reasonable Warnings regulations from California’s Proposition 65 (“Prop 65”), which take effect on August 30, 2018.  Businesses should consider the Clear and Reasonable Warning compliance requirements and guidance outlined below now to be prepared for this deadline and minimize the risk of … Continue Reading

D.C. Court Gives US EPA 3 Years to Update National Emission Standards for Hazardous Air Pollutants

On March 13, 2017, D.C. District Court Judge Tanya S. Chutkan granted summary judgment to an environmental advocacy group and ordered US EPA to update its National Emission Standards for Hazardous Air Pollutant (NESHAP) rulemakings for 20 listed major source categories in three years. The soon-to-be updated major source categories will affect several industries, including: … Continue Reading

Deadline for TSCA Chemical Data Reporting Extended to October 31, 2016

Last week, US EPA announced in the Federal Register that it has extended the deadline for companies subject to its Chemical Data Reporting (CDR) rule to submit data on the chemical substances they manufacture and import pursuant to the Toxic Substances Control Act (TSCA) from September 30, 2016 to October 31, 2016. For detailed information on the CDR reporting requirements, … Continue Reading

US Supreme Court Rules Against the Corps and in Favor of Landowners With Respect to the Reviewability of Jurisdictional Determinations, Reserving for Another Day the Full Scope of Finality under the Administrative Procedure Act

In one of the most closely watched environmental and administrative law cases this term, the US Supreme Court ruled unanimously against the government on Tuesday, May 31, 2016, affirming the Eighth Circuit’s decision allowing federal courts to review the US Army Corps of Engineers’ jurisdictional determinations. Jurisdictional determinations are decisions wherein the Corps determines whether wetlands or dry … Continue Reading

A Short History of Clean Power Plan Litigation as of March 2016

The Clean Power Plan and its surrounding litigation has quickly become one of the hottest topics both inside and outside the legal world. News that the U.S. Supreme Court had granted a stay of the Clean Power Plan on February 9, 2016 spread like wildfire, but many recent followers are unaware of just how long and polemic … Continue Reading

How Challengers Obtained the Stay that Put US EPA’s Clean Carbon Plan on Hold

On February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan requested by 29 states and state agencies, coal companies, utilities, and several trade associations. News of the order granting the stay spread like wildfire across the nation, having become a top news story overnight. The road to the historic … Continue Reading

US EPA’s Clean Carbon Plan Finally Published, Challengers Immediately File Suit and Motions for a Stay

At long last, US EPA officially published the Clean Power Plan (CPP) this morning in the Federal Register, 82 days after releasing a copy of the signed final rule on August 3, 2015. Publication of the rule has been covered extensively by our team in previous posts here and here. Official publication of the rule has been met … Continue Reading

US EPA Finalizes Revisions to Ozone National Ambient Air Quality Standard

On October 1, US EPA issued much-anticipated final rule revisions intended to tighten the ground-level ozone (O3) national ambient air quality standard (NAAQS). US EPA will set the primary ozone NAAQS at 70 parts per billion (ppb). This new standard significantly lowers the existing 75 ppb standard set in 2008. This will push portions of the … Continue Reading
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