Corporate Environmental Lawyer
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Townships Look to Take the Air Out of Wind Farm
NextEra Energy Resources LLC (“NextEra”), the largest generator of wind energy in North America, is currently locked in legal disputes with local townships over its new wind energy project, the “Tuscola Wind III Energy Center.” NextEra’s subsidiary, Tuscola Wind III LLC (“Tuscola”), plans to construct the 55 turbine wind farm across the Fairgrove, Almer, and… Continue reading
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Congressional Spending Bill Provides Boost to EPA, DOE in Rebuke to Trump Administration Budget
As we previously reported on here, the Trump Administration earlier this month proposed a $2.7 billion budget reduction for U.S. EPA. However, Congress has passed a spending bill that rejects reductions to both U.S. EPA and the Department of Energy. As reported here, as to the U.S. EPA, Congress has proposed holding the agency’s funding… Continue reading
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In the Absence of Any Federal Movement, States Continue to Attempt to Legislate Carbon Rules or Taxes
As reported in Salon and Law360 (sub. req.), states, the “laboratories of democracy,” continue to attempt to experiment with legislation carbon rules or taxes. Washington and Oregon are the latest examples, although such efforts have so far failed. Washington’s proposal would have taxed carbon emissions, whereas Oregon’s proposal would have established a cap-and-trade program. Continue reading
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Who Wants to Buy a Superfund Site?
On July 25, 2017, Environmental Protection Agency (“EPA”) administrator Scott Pruitt’s “Superfund Task Force” issued a final report revealing the Task Force’s recommendations for streamlining the remediation process of over 1,300 Superfund sites currently overseen by the EPA. Continue reading
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Lawsuit Challenging Trump’s 2-for-1 Executive Order Dismissed
In a win for the White House, a D.C. federal judge dismissed a complaint filed by several public interest groups that challenged President Trump’s executive order that required that two federal regulations be repealed for every new regulation that is promulgated. Continue reading
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FERC Rule Seeks to Expand Role of Electric Storage Resources in Wholesale Electricity Markets
On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) unanimously voted to remove barriers for electric storage resources to participate in the capacity, energy, and ancillary services markets operated by regional transmission organizations (“RTOs”) and independent system operators (“ISOs”). Continue reading
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OSHA Makes a Statement on Hex Chrome Enforcement
On January 19, 2018, OSHA issued a citation to Spirit Aerosystems, Inc. alleging one willful and five serious violations of the OSHA hexavalent chromium standard (29 CFR 1910.1026) and assessing $194,006 in penalties. Continue reading
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Proposed 2019 White House Budget “Trims” U.S. EPA Budget
The White House rolled out its 2019 budget, which includes deep cuts to a number of federal agencies, including U.S. EPA. The proposed 2019 budget seeks to cut approximately $2.5 billion, or 23%, from U.S. EPA’s budget, including the elimination of approximately 20% of U.S. EPA’s workforce. Continue reading
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Will Last-Minute Petition for Review Keep Natural Gas Flowing?
On February 7, 2018, the Federal Energy Regulatory Commission (“FERC”) moved for a last-minute review to save the Sabal Trail natural gas pipeline just hours before it was scheduled to be shut down. Continue reading
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FAA Proposes Record $1.1M Fine for Shipment of Lithium Batteries
In what should be a wake-up call for companies that ship lithium batteries, the U.S. Transportation Department’s Federal Aviation Administration (“FAA”) has levied a $1.1 million civil penalty for alleged violations of DOT shipping regulations. Continue reading
