We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our July edition, we look at 37 new developments that may be relevant to anyone with an interest in the environmental, safety and health sector. Some of … Continue Reading
The Federal Energy Regulatory Commission (FERC) issued a statement on May 18, 2018 clarifying that the Agency will only analyze both upstream and downstream environmental effects of pipeline Greenhouse Gas (GHG) emissions when those effects are “sufficiently causally connected to and are reasonably foreseeable effects of the proposed actions.” The policy statement was part of an … Continue Reading
Government agencies may soon use a different framework for evaluating the environmental impact of their decisions. The Council on Environmental Quality (CEQ), the executive agency tasked with ensuring that federal agencies meet their obligations under the National Environmental Policy Act (NEPA), published a notice on June 20, 2018 seeking input from the public about changes to the … Continue Reading
On May 1, 2018, 17 states, including California, as well as the District of Columbia filed a Petition for Review in the US Court of Appeals for the District of Columbia in response to US EPA’s announcement that it would be rolling back tailpipe emission standards. As we previously reported, California stated in April that it was … Continue Reading
In 2012, California, the Obama Administration, and major US automakers agreed (2012 Agreement) to nearly double fuel efficiency fleet-wide by 2025, raising the average fuel economy of new cars and light trucks to more than 50 MPG, or roughly 36 MPG in real-world driving. As part of the 2012 Agreement, a midterm review was scheduled … Continue Reading
On November 30, 2017, US EPA issued the final volume requirements and associated percentage standards for its renewable fuel standards (RFS) program for calendar year 2018, as well as the biomass-based diesel volume requirement for 2019. The annual volumes establish quotas for how much renewable fuel must be added to gasoline and diesel in order to, … Continue Reading
According to research published by the Chartered Institute of Procurement & Supply, more than one third of organisations required to complete a statement in compliance with the UK Modern Slavery Act 2015 (“Act”) have failed to do so. Under section 54 of the Act, organisations that carry on business in the UK and have turnovers of £36 million or more … Continue Reading
Technology can offer new business opportunities and efficiencies to businesses. However, it can also present new and on-going challenges to the regulation and control of health, safety and environmental issues (and ultimately the potential liability of any business exploiting new technology). One of the ‘key points’ of the Health and Safety Executive Strategy 2016 was … Continue Reading
Beginning 1 April 2018, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (commonly referred to as the MEES Regulations), non-domestic landlords must ensure that any properties they rent out in England and Wales have an energy efficient rating of at least an E (using the A-G rating system from Energy Performance Certificates … Continue Reading
It has been one year since the Clean Power Plan was published in the Federal Register, and the oral arguments for the rule in the D.C. Circuit have been concluded for about a month now. In this relative “calm before the storm,” as we wait for the D.C. Circuit decision, the 2016 Presidential Election, and the … Continue Reading
Following a referendum which has polarised the nation, the people of the UK have voted to leave the European Union. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues which will arise from this decision, such as how it could affect our environmental law landscape. … Continue Reading
With US EPA’s regulation of greenhouse gas emissions from fossil fuel–fired electric generation still hotly contested in the D.C. Circuit, US EPA is proceeding with the next step in its implementation of the White House’s Climate Action Plan by moving forward with additional greenhouse gas regulations, this time of the nation’s oil and gas infrastructure. … Continue Reading
On March 14, 2016, two new federal rules went into effect that could change the way in which the Endangered Species Act (ESA) is implemented throughout the United States. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) finalized these rules to update the regulatory provisions on which the agencies … Continue Reading
Australia’s goal to decrease its carbon dioxide (CO2) emissions by 26-28% by 2030 is a direct result of the Paris Climate Conference in 2015. This commitment will be partially executed through the existing Emissions Reduction Fund (ERF). The ERF is a voluntary scheme introduced by the Australian Government (Government) that incentivises individuals and businesses to … Continue Reading
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
The topic of the moment in the UK is whether Brexit will be a good or a bad thing for the UK, and it seems to be polarising the nation. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues arising from a UK exit from … Continue Reading
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
The U.S. Internal Revenue Code will continue to provide tax incentives for renewable energy. On December 18, 2015, President Obama signed the Consolidated Appropriations Act, 2016 (“Act”), which sailed through both the U.S. House of Representatives and the U.S. Senate. The Act renews tax credit programs for both wind and solar electricity generation for a … Continue Reading
The renewable energy industry is celebrating the change in Coalition leadership, with hopes pinned on Malcolm Turnbull to show support for the renewable energy sources that Tony Abbott so fervently rejected. Out With the Old In 2014, Australia invested just $240 million in renewable energy projects and facilities, compared to a global investment of $310 … Continue Reading
As we previously reported, in May 2015 US EPA issued a direct final rule allowing for the rescission of certain preconstruction (“PSD”) permits issued by US EPA and delegating permit review authority to states under Step 2 of the Greenhouse Gas (“GHG”) Tailoring Rule. Step 2 of the Tailoring Rule set in motion PSD permitting for “GHG-only” sources, meaning sources permitted solely … Continue Reading
Earlier this month, the Obama Administration released the final version of the Clean Power Plan (CPP), an effort to curb carbon emissions nationwide. The final rule uses a combination of renewable energy and significant limitations on carbon emitting plants to achieve this goal. It is worth noting that the overall reductions required by the final rule were increased … Continue Reading
Things couldn’t be going much worse for the California State Water Resources Control Board (“Board”). In the midst of one of California’s worst droughts on record that has seen water levels drop to historic lows in California Reservoirs, Governor Jerry Brown and the Board have been desperate to find and implement ways to conserve water … Continue Reading
As we reported last summer, the US Supreme Court ruled that US EPA lacked authority to impose Prevention of Significant Deterioration (PSD) and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs). Since that decision there have been many questions about how sources of GHG … Continue Reading
The US District Court for the Eastern District of Washington recently held in Anderson v. Teck Metals, Ltd. that CERCLA displaces federal common law claims for public nuisance based upon the standard for displacement set out by the US Supreme Court in American Elec. Power Co., Inc. v. Connecticut and the Ninth Circuit in Native Village of Kivalina v. Exxon … Continue Reading
