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US EPA Launches Initiative to Streamline the Review Process for Certain Electric Vehicle and Clean Energy Chemicals

On October 5, 2022, the U.S. Environmental Protection Agency (EPA) announced its intent to streamline the review process of mixed metal oxides (MMOs).  MMOs are a key component in lithium-ion batteries, which are used in electric vehicles and other clean energy initiatives, including in semi-conductors, and renewable energy generation and storage, such as in solar … Continue Reading

US States Charge Into the Future with Federal Support for EV Charging Infrastructure

Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law.  The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable, … Continue Reading

Crunch Time for Critical Minerals in the US

Following up on Squire Patton Boggs’s continuing coverage of the critical minerals industry, we examine some recent reforms in the federal permitting process which aim to ease supply-side constraints by expediting the development and exploitation of critical minerals. Rapidly mounting geopolitical tensions, East/West decoupling, and longstanding supply chain stresses underlie a new reality—global logistics now … Continue Reading

France Takes Over Presidency of EU Institution, Vows to Implement European Green Deal

With the turn of the year, France took over the Presidency of the Council of the European Union (EU), following Slovenia. The Council consists of a representative of each Member State at ministerial level and is the EU co-legislator together with the European Parliament. While it is the European Commission, EU executive, that has the … Continue Reading

Record £90 Million Fine for a “Flagrant Disregard” of UK Environmental Law Calls for Boards of Directors to Take Note

On 19 August, the sentencing remarks of Mr Justice Johnson were published in relation to the recent £90 million fine issued to Southern Water for sewage pollution.  The remarks provide a full breakdown and description of how this record fine was calculated, and provide comments and conclusions on a number of issues that are likely … Continue Reading

European Commission Proposes a Revision of the Renewable Energy Directive (3 in 4-Part Series)

As another key component of the Fit for 55 package, the Commission made a proposal to amend Directive 2018/2001 on the promotion of the use of energy from renewable sources (RED II) and related legal acts. The revision would increase the overall binding target for renewable energy in the EU energy mix from the current … Continue Reading

European Commission Proposes “Most Crucial Change to the EU Emission Trading System So Far” (2 in 4-Part Series)

As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts. According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage … Continue Reading

European Commission Proposes a Landmark “Fit for 55” Package of Climate and Energy Legislation (1 in 4-Part Series)

Delivering a key component of the European Green Deal umbrella policy that it adopted in December 2019, the European Commission issued 15 legislative proposals, accompanied by three non-legislative communications in July 2021. With the supporting documents, e.g. impact assessments, the package adds up to around 4,200 pages. It includes the following initiatives:… Continue Reading

July 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

May 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. This month’s edition includes the following: Fire Safety Act … Continue Reading

2021 Women in Energy & Environment Webinar Series

In January, our four-part 2021 Women in Energy & Environment Webinar Series reached an industry-leading, global audience of more than 450 professionals. The series covered the following key and emerging issues facing the global regulated community today: Embedding Environmental, Social and Corporate Governance Into the New Normal – Returning From the Pandemic Key Regulatory Issues in … Continue Reading

The Future of Green Energy – UK Perspective

Climate Policy, Automation, Climate and Ethics (PACE) are at the heart of significant global changes that in turn affect corporate behaviours and governance. On 23 November 2020, we hosted a panel discussion on The Future of Green Energy.  Joined by The Rt. Hon. Kwasi Kwarteng, Richard Gwilliam at Drax, Helen Boyle at Cadent Gas, Victoria Merton … Continue Reading

Looking Ahead to 2021: Implications of a Change in US Administration on Environmental Policy

The tumultuous presidential election is working its way to a close and, while the vote counting and litigation continue, one thing is certain:  the environmental policy agenda to be advanced by a Biden Administration will be a marked contrast to that of the current Trump Administration. The Biden environmental policy agenda includes, at front and … Continue Reading

September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

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 September edition, we summarise 40 developments in the environmental, safety and health sector. Some of the top stories this month include:… Continue Reading

Political Debate Heats Up Over Private Financial Institutions and the Fossil Fuel Industry Amidst COVID-19 Economic Uncertainty

Given the current economic stressors affecting the fossil fuel industry, there is growing political interest in investment policies that financial institutions are applying to that industry.  On May 7, Republican lawmakers penned a letter to the Trump Administration that cited the economic instability of the COVID‑19 pandemic as the basis for a request for regulatory … Continue Reading

New Minimum Energy Performance for UK Non-Domestic Properties?

The UK government has recently consulted on the future of minimum energy efficiency standards for non-domestic properties. If you are a UK landlord or tenant, and find the prospect of a minimum energy performance certification B somewhat eye-watering, then this consultation is critical reading for you. For more detailed information and a link to the … Continue Reading

Offshore Wind Development in the US: Getting Your Supply Chain Right

In recent years, offshore wind costs have tumbled, leading to significant potential growth in the industry.  However, US offshore wind developers setting up their supply chains need to be prepared to navigate a complicated regulatory scheme involving overlapping federal and state laws, and adequately protect themselves with contracts that reflect the unpredictability of building wind … Continue Reading

Groundwater Contaminant Regulation in California: State Water Board Lowers Notification Levels and Announces First Step Towards Developing an MCL for Certain Compounds

In June of 2018, the California State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW) provided recommendations for PFOA and PFOS notification levels.  On July 13, 2018, the State Water Board released guidelines based on DDW’s recommendations for testing and reporting on two PFAS compounds—PFOA and PFOS. The interim notification level for … Continue Reading

August Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

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 August edition, we summarise 29 developments in the environmental, safety and health sector.  Some of the top stories this month include: Court of Appeal dismisses … Continue Reading

US EPA Proposes Rule Narrowing States’ Ability to Block Pipeline Projects

On August 7, 2019, US EPA Administrator Andrew Wheeler signed the Agency’s newest proposal to amend the Clean Water Act (CWA) to streamline permitting of energy projects. Specifically, the proposed rule would amend the regulations concerning Section 401 of the CWA. It represents US EPA’s first comprehensive effort to promulgate federal rules governing the implementation … Continue Reading

US EPA Proposes to Roll Back Requirements to Control Oil & Gas Industry Methane Emissions

Today, US EPA proposed a rule to roll back the Obama Administration’s rule to control methane emissions from the oil and gas industry. Methane emissions from the oil and gas industry are equivalent to the emissions of one-quarter of all cars in the US, according to US EPA data. Methane emissions are also known to … Continue Reading

July Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

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 summarise 35 developments in the environmental, safety and health sector.  Some of the top stories this month include: Rail company faces £1 … Continue Reading

Ohio Appeals Dismissal of the State’s Complaint Against Rover Pipeline LLC Due to Ohio EPA’s Failure to Timely Respond to Request for CWA Section 401 Certification

On March 12, 2019, Judge Kristin G. Farmer for the Stark County Court of Common Pleas dismissed the State of Ohio’s Third Amended Complaint against Rover Pipeline. The State alleged that Rover had committed widespread environmental violations during the construction of its 713-mile interstate natural gas pipeline. The court dismissed the complaint on the grounds that … Continue Reading

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
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