30 Jun, 2022 The Supreme Court is out of the environmental law making business so what happens next? By Jeff Porter For most of my time on this planet, and all of my more than thirty years as an environmental lawyer, the nation's highest court has, with...
29 Jun, 2022 Congress is fully funding EPA's implementation of its PFAS Road Map but insisting on knowing when EPA will get to its PFAS destinations By Jeff Porter Lara Beaven of Inside EPA reports that the House Appropriations Committee intends to give EPA every dollar it has requested to implement...
27 Jun, 2022 Can the CSuite be indemnified for aiding and abetting a violation of a state abortion ban? By Jennifer B. Rubin If you read our blog piece about whether ERISA preemption is available as a defense to criminal charges brought against companies that...
24 Jun, 2022 Republican SEC Commissioner Peirce Objects to SEC Regulatory Agenda By Jacob H. Hupart On June 22, 2022, in response to the SEC's release of its regulatory agenda , Republican SEC Commissioner Hester M. Peirce vigorously...
22 Jun, 2022 EPA follows the first rule of holes in its eighth attempt to determine the reach of the Clean Water Act By Jeff Porter EPA has announced that the second part of its eighth attempt to define the reach of the Clean Water Act will be delayed until November of...
15 Jun, 2022 Will EPA's detour from its PFAS road map cause confusion or worse? By Jeff Porter Today we learned EPA is deviating from its less than one year old PFAS road map by issuing new health advisory levels for certain PFAS...
14 Jun, 2022 West Virginia Threatens Boycott of Major Financial Institutions Due to Alleged Bias Against Fossil Fuel Industry By Jacob H. Hupart The West Virginia State Treasurer, Wiley Moore--a Republican--recently threatened six major financial institutions with a boycott on...
14 Jun, 2022 EPA isn't giving up on the significant nexus test but there's already a lot of water under that bridge! By Jeff Porter Surprising no one, lawyers for EPA and the US Army Corps of Engineers have implored the Supreme Court to affirm the Ninth Circuit Court...
13 Jun, 2022 CFTC Wades Into Climate Regulation By Jacob H. Hupart On June 2, 2022, the Commodities Futures Trading Commission (CFTC) issued a Request for Information ("RFI") for "public comment on...
08 Jun, 2022 French Regulator Calls For Regulation of Providers of ESG Ratings and Other Services By Jacob H. Hupart The AMF, the stock market regulator in France, recently reiterated its call for stricter regulation on a Europe-wide basis of the...
06 Jun, 2022 The Supreme Court is shrinking its deferential strike zone and the reach of key environmental laws will almost certainly shrink as a result By Jeff Porter Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law,...
03 Jun, 2022 EPA's Science Advisory Board says EPA's definition of Waters of the United States is supported by science but will that matter to the Supreme Court? By Jeff Porter A little over a month ago EPA's Science Advisory Board decided "EPA could benefit from SAB review of the science supporting [EPA's]...
02 Jun, 2022 As Part of Global Crackdown on Greenwashing, German Prosecutors Raid Asset Manager By Jacob H. Hupart The international news media have publicly reported that German law enforcement has raided an asset manager concerning a "whistleblower's...
02 Jun, 2022 A good reminder for Massachusetts car owners to buy a Massachusetts Environmental Trust license plate By Jeff Porter Yesterday the Massachusetts Executive Office of Energy and Environmental Affairs announced the awarding of almost half a million dollars...