The offshore wind industry stands to gain additional momentum this summer as the Inflation Reduction Act (IRA) moves through Congress to its anticipated passage. The budget reconciliation package associated with the bill continues to reflect a substantial investment in the further development of renewable energy measures, several of which relate to offshore wind and related
Environmental Law + Blogs
Blog Authors
Latest from Environmental Law +
The EEOC Releases New COVID-19 Guidance – What Employers Should Know
Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) made several noteworthy revisions to its guidance to address changing pandemic conditions. Even though the COVID-19 pandemic may have subsided in…
EPA Audit Policy Update – Scrutiny of Voluntary Self-Disclosures Set to Increase
By Chris Eddy & Jon Schaefer
The EPA intends to increase its review of voluntary self-disclosures of violations submitted electronically under EPA’s Audit Policy. The EPA Office of Inspector General (OIG) recently issued a report detailing the results of an evaluation of EPA’s process for screening self-reported environmental violations made through its eDisclosure system. The OIG’s report concluded that EPA…
U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects
By Peter Knight & John Casey
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels.
One of the complicating factors to offshore wind development in the United States is the applicability of the Jones Act, and…
MA SMART Program: New Guidelines for Agricultural Solar Tariff Generation Units
By Chris Eddy & Rickie Sonpal
On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER) Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable Target (SMART) Program took effect. The Guideline supplements the SMART Program regulations (225 CMR 20.000), provides guidance on how a Solar…
SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule
By Peter Knight, Bob Melvin & Chris Eddy
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act before…
EPA Unveils ECHO Notify: Weekly E-Mail Service Notifies Subscribers of Violations and Enforcement Actions
By Jon Schaefer
The U.S. EPA unveiled a new notification service this week called ECHO Notify. This new tool will allow the public to receive weekly e-mails notifying them of EPA- and state-led environmental enforcement actions and violations. A subscriber can request to be notified based on a specific EPA Facility ID, ZIP code, county, or state.…
New ASTM Standard Set to Satisfy All Appropriate Inquiries Rule
By Jon Schaefer
As covered in my previous post, the ASTM International (ASTM) released a revised standard for conducting Phase I Environmental Site Assessments (Phase I ESAs) – ASTM E1527-21. While the E1527-21 standard has been available for use since November, it has not been officially included in the CERCLA regulations as satisfying the All Appropriate Inquiries…
EPA Announces Additional Actions to Advance Environmental Justice Efforts
By Jon Schaefer
Throughout the first year of the Biden-Harris Administration, Environmental Justice (EJ) has been a focus of the U.S. Environmental Protection Agency. As I wrote about in November 2021, since January 2021 EPA has released numerous policies and guidance documents on EJ-related issues and has taken unprecedented actions in connection with permitting reviews and enforcement…
OSHA Withdraws Vaccination and Testing ETS
By Jon Schaefer & Megan Baroni
Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have previously discussed, the ETS had undergone a number of legal challenges. Most recently the United States Supreme Court stayed the ETS and…