April 2023
-
Biden Administration Underscores Environmental Justice Commitment with Earth Week Executive Order

Capping off Earth Week 2023, President Biden on Friday signed an executive order expanding the Administration’s Justice40 Initiative and creating a new White House Office of Environmental Justice. Continue reading
-
Can You Go Green Without Being Accused Of Greenwashing?

On Earth Day and every day, companies face increasing pressure to “go green” or be more “sustainable.” When companies heed this call—whether it’s by reducing GHG emissions, investing in renewable energy, or making their products recyclable or compostable—they understandably want to let people know about the positive actions they are taking. But, when a company… Continue reading
-
Utilizing the Inflation Reduction Act to Invest in Our Planet

We cannot talk about investing in our planet this Earth Day 2023 without discussing the Inflation Reduction Act of 2022 (IRA). We’ve discussed the IRA previously here and here. In short, this historic piece of legislation directs nearly $400 billion in federal funding to advance a clean energy economy through a combination of tax incentives,… Continue reading
-
The Time for Climate Investment is Here

Happy Earth Month! In today’s blog, we observe the historic investment opportunity presented by the convergence of efforts to address climate change and spur the energy transition, such as public grant programs, regulatory regimes, and, the biggest lever, tax credits. It’s fair to observe that it’s about time, because many of these initiatives have been… Continue reading
-
Earth Day 2023–Investing in a Balanced Approach to Emerging Contaminants

In the 1962 book, Silent Spring, Rachel Carson brought to the forefront of public attention contaminants of emerging concern (CECs). CECs, or emerging contaminants, are chemicals or materials that can be characterized by a perceived, potential or real threat to human health or the environment. Continue reading
-
Earth Day 2023—A Reflection on the Past and Forward-Looking Opportunities For Investing in Our Future

As we prepare to celebrate the 53rd anniversary of Earth Day, it is my pleasure to kick off our Earth Day series of daily blogs penned by my colleagues at Jenner & Block. The theme for this 53rd Earth Day is a continuation of last year’s theme—Invest in the Planet. As I reflect on this… Continue reading
-
New WOTUS Rule Halted in Half of Country by Federal District Court

On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”) (the “2023 WOTUS Rule”). Continue reading
-
To Broaden or Not to Broaden–U.S. EPA Solicits Input on Whether to Add Additional PFAS to CERCLA’s List of Hazardous Substances

As we await final agency action on U.S. EPA’s pending rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous substances, U.S. EPA has just published an advanced notice of proposed rulemaking (ANPR) soliciting public input on whether to add additional PFAS to CERCLA’s list of hazardous substances. When U.S. EPA initially… Continue reading
