Broadband, 5G, and the SpaceX Between
On April 27, 2021, the Federal Communications Commission ("FCC") released an Order granting an application filed by SpaceX to modify its...
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What Goes Around Comes Around--Bad Idea to Rescind Government Wide Guidance Policies
What Goes Around Comes Around-- Someday, progressives (like me) are going to rue that the Biden Administration rescinded the Trump era...
That facility destroyed in 1906 may still be regulated in 2021 under the Clean Water Act of 1972
Just when you thought you had seen everything, last week a Judge in California allowed for the possibility that the entire site of a...
Venture Fund Returns: Partying Like 1999
The initial public offering market has returned for venture-backed technology companies. Not since 1999 have we seen such a steady stream...
From Maui to Guam to Worcester, MA -- Another Clean Water Act Citizen Suit Continues
Yesterday while the Supreme Court was hearing oral argument from lawyers for Guam and the United States regarding whether a 2004 Federal...
That CERCLA Snowball Might Be the Abominable Snowman
Last week I wrote that in Guam v. United States, a case to be heard by the United States Supreme Court today, the United States didn't...
Maybe the 8th time will be the charm (for EPA to determine the reach of the Clean Water Act)
EPA Administrator Michael Regan certainly hit the nail on the head in his characterization of past EPA efforts to define "Waters of the...
SEC Commissioner Pierce Questions Use of ESG Metrics in SEC Disclosures
The SEC previously had publicly announced that it is considering the promulgation of new regulations concerning ESG disclosures, and...
A Snowball's Chance in Guam
Usually when a case gets to the United States Supreme Court the question is a close one but I honestly don't see how the United States of...
Just (Knowingly) Add Water Part 3
This morning Lara Beaven of Inside EPA writes of the continuing legal battle between the Sacketts of Idaho and the United States...
SEC Commissioner Clarifies Scope of SEC Risk Alert re: ESG
SEC Commissioner Peirce, one of the two Republican commissioners at the SEC, recently issued a statement interpreting and clarifying the...
Pollutants, Storm Water, the Clean Water Act and Wildebeests
Thanks to Bloomberg for reporting today's Clean Water Act citizen suit du jour. This suit involves a facility in Los Angeles that,...
SEC Issues Risk Alert Concerning ESG Disclosures
The SEC issued a risk alert from the Division of Examinations concerning "observations of deficiencies and internal control weaknesses...
Another post-Maui Clean Water Act Case Filed in the Ninth Circuit
This morning Bloomberg reports on the filing in the Ninth Circuit of another NGO complaint alleging another violation of the Federal...
San Diego-Based Companies Achieve Record Levels of Venture Funding
San Diego continues to show excellent growth in venture funding. This report by Connect highlights some of the bigger investments...
When it comes to PFAS, can we handle the truth?
One of the most famous scenes in one of my favorite movies, A Few Good Men, is when Colonel Jessup tells Lieutenant Kaffee that he "can't...
When will we have a 21st Century Plan for our Waterfront?
As many of you already know a Superior Court Judge has overturned Boston's Downtown Municipal Harbor Plan only because it was approved by...
Second Circuit Rejects Attempt by New York City to Impose Nuisance Liability on Oil Majors
The Second Circuit has issued a forceful opinion holding that "municipalities may [not] utilize state tort law to hold multinational oil...
Treasury Secretary Focuses on Climate Change
Treasury Secretary (and former Chair of the Federal Reserve) Janet Yellen, in her opening remarks during her first appearance as head of...
Disputes over Water Come East
Today Justice Barrett, writing for a unanimous Supreme Court, concluded that the State of Florida had not shown that the State of Georgia...
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