31 May, 2023 At least two Supreme Court Justices think there's a limit to Congress's ability to fix the Clean Water Act By Jeff Porter Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the...
30 May, 2023 Next Wednesday you can learn everything you need to know about the Supreme Court's opinions in Sackett v. EPA By Jeff Porter I have the honor of moderating an expert panel on the Supreme Court's decision in Sackett v. EPA next Wednesday, June 7, at 1 pm EDT. ...
26 May, 2023 With Mayor's Signature, NYC Height & Weight Discrimination Prohibition Becomes Law By Corbin Carter On May 26th, New York City Mayor Eric Adams signed into law amendments to the City's anti-discrimination/anti-harassment statute (the NYC...
26 May, 2023 Another Vulnerability for Cybersecurity of Retirement Plan Data: Auto-Portability By Michelle Capezza A recent phishing incident related to a Retirement Clearinghouse (RCH) employee email account caused RCH to alert more than 10,500...
26 May, 2023 If you're sad about Sackett, you may be happier about Seafreeze By Jeff Porter About a year and a half ago I wrote about one of the four lawsuits brought in an attempt to halt the Vineyard Wind project (see...
25 May, 2023 Sackett turned out exactly like we thought it would turn out. What's next? By Jeff Porter So the Sacketts of Idaho are 2-0 in their visits to our nation's highest court and the jurisdictional reach of the Federal Clean Water...
23 May, 2023 Congress might make it so the US Forest Service doesn't need to get Federal and State NPDES permits to keep fighting fires. By Jeff Porter A few months ago I told you about the United States Forest Service's decision to resolve a citizen suit accusing it of violating the...
19 May, 2023 SEC Commissioner Peirce Continues to Criticize Proposed ESG Rules By Jacob H. Hupart Recently, SEC Commissioner Peirce--one of the Republican appointees to the Securities & Exchange Commission--delivered a speech to Eurofi...
19 May, 2023 Vineyard Wind has almost succeeded in ending one of the three NIMBY lawsuits against it but that's beside the point. By Jeff Porter ACK Rat's attempt to kill the Vineyard Wind project came closer to an unsuccessful end this week when Federal Judge Talwani granted a...
18 May, 2023 A renewable energy project is on the verge of having all the permits it needs, after SEVENTEEN years. What's next? By Jeff Porter The Wall Street Journal is reporting on the time it takes to permit an infrastructure project in these United States and what might be...
17 May, 2023 Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next? By Jeff Porter Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the...
16 May, 2023 Cloud(y) with a chance of incidents.... By Cynthia Larose I hear this frequently: "We've moved everything to the cloud, so our security is good." Maybe yes, maybe no. Cloud applications operate...
16 May, 2023 Supreme Court Rejects Efforts By Fossil Fuel Companies to Litigate Climate Change Issues in Federal Court By Jacob H. Hupart Today, the Supreme Court denied the writ of certiorari filed by the major oil companies in a pair of significant climate change cases. ...
11 May, 2023 EPA's Waters of the United States regulation is now the law in only 23 of our 50 United States as all eyes turn to the Supreme Court. By Jeff Porter Three Judges of the Sixth Circuit Court of Appeals have joined Judges in North Dakota and Texas in concluding that EPA's most recent...
10 May, 2023 Shooting fish in a barrel: Why I'm surprised the courts haven't already been flooded with PFAS Clean Water Act Citizen Suits. By Jeff Porter Bloomberg Environment reports that a Georgia NGO has sued a textile manufacturer and the town in which the manufacturer is located over...
10 May, 2023 Proposed SEC Climate Disclosure Rule Potentially Delayed Until Fall 2023 By Jacob H. Hupart About two weeks ago, former SEC Commissioner Robert Jackson, currently a professor at NYU Law, stated during an April 27 webinar hosted...