Sustainability
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FAR Council Withdraws Proposed GHG Disclosure Rule as CARB Seeks Input on Implementation of Climate Disclosure Laws
On January 13, the Federal Acquisition Regulatory (FAR) Council withdrew the greenhouse gas (GHG) disclosure rule that it proposed in late 2022. As explained previously, the proposed rule would have required certain federal contractors to disclose their scope 1-3 GHG emissions and set science-based targets to reduce same, with the scope 3 disclosure and science-based Continue reading
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Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles
Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by the International Union for Conservation of Nature and Natural Resources suggests that between fifteen and thirty-one percent of plastics in the Continue reading
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Remote Sensing as a Supplement to Emissions Monitoring and Quantification
According to a recent Bloomberg article, a company did not report an August 2023 air emissions event to state environmental regulators until December, just days after the company was asked by Bloomberg Green about a methane plume detected in August over one of its compressor stations. The methane plume was observed via a remote sensing instrument onboard the International Space Continue reading
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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
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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
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Existing Clean Power and Eligibility for Hydrogen Production Tax Credits: “Additionality” Doesn’t Add Up
The Inflation Reduction Act promises to transform the energy sector in many ways, but among the most exciting is the hydrogen production tax credit, which provides a production tax credit, over a ten year period beginning with the date a facility is placed in service, of up to 60 cents per kilogram of “clean hydrogen”… Continue reading
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A Risky Dance: When Emerging Contaminants Comingle With CERCLA Hazardous Substances
The distinction between CERCLA hazardous substances and all else, including pollutants or contaminants, is important because CERCLA liability is triggered by the existence of a “hazardous substance” at a site, nothing else. Continue reading
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New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges
On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages that OEHHA claims will resolve the First Amendment claims being asserted by the California Chamber of Commerce (CalChamber)… Continue reading
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Jenner & Block Wishes Bon Voyage to Gay Sigel as She Starts Her Next Adventure with the City of Chicago
As Gay Sigel walked through the doors at One IBM Plaza in Chicago, fresh out of law school and ready to launch her career as an attorney at Jenner & Block, she could not have envisioned the tremendous impact she would have on her clients, her colleagues, and her community over the next 39 years. Continue reading
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U.S. EPA Offers Roadmap for Environmental Justice-Based Permit Denials
On August 16, 2022, U.S. EPA released its Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ) that provides guidance to federal, state, and local environmental permitting programs on integrating environmental justice (EJ) and civil rights into relevant environmental permitting decisions. Continue reading