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The End of “Chevron” or Its Rebirth?

Fishermen in the small town of Cape May, New Jersey, are at the epicenter of a legal challenge that could reshape the landscape of agency authority. The fishermen are challenging the entrenched “Chevron” doctrine, which for years has afforded deference to government agencies with respect to reasonable interpretation of ambiguous statutes. Once again, the US … Continue Reading

Direct Air Capture: Challenges in an Evolving Industry

The United Nations has recognized that carbon capture and sequestration is a “key technology” in the quest to keep global temperatures from rising above the scientifically-accepted threshold of two degrees Celsius.  One carbon capture method that is increasingly garnering attention is direct air capture (“DAC”).  While DAC technology allows companies to permanently remove carbon dioxide … Continue Reading

A Summer of Reform for the National Environmental Policy Act

The National Environmental Policy Act (NEPA) plays a critical role in infrastructure and energy project development. The statute requires federal agencies to consider the environmental impacts of proposed major federal actions as part of the agencies’ decision-making process. Most proposed projects that require a federal approval, such as a permit, or that receive federal financing … Continue Reading

Mahoney v. U.S. Department of the Interior

In Mahoney v. U.S. Department of the Interior,[1] the United States District Court for the Eastern District of New York recently addressed an environmental challenge to the South Fork Wind Farm (“Wind Farm”) that is being constructed on the Outer Continental Shelf (“OCS”) approximately 35 miles off Montauk Point, New York. The Mahoney decision is … Continue Reading

Why the Construction Industry Needs to Be Worried About “Greenwashing”

It is reported that globally the construction industry is responsible for almost 25% of greenhouse gas emissions, 40% of total energy production, 16% of total water consumption and 30% to 40% of all solid waste. Growing environmental awareness and activism means it is likely that industries with a large carbon footprint and environmental impact, such … Continue Reading

US Environmental Protection Agency Seeks Applications for Two Clean Energy Grant Programs

The US Environmental Protection Agency (EPA) announced it is seeking applications for two competitive clean energy grant programs, the National Clean Communities Investment Accelerator and the Clean Communities Investment Accelerator, which have combined funding of US$20 billion. These programs are part of the US$27 billion Greenhouse Gas Reduction Fund (GGRF) established under the Inflation Reduction … Continue Reading

IRA Provisions for New Hydrogen Production Tax Credit

The Inflation Reduction Act (IRA) (Pub. L. 117-169) was signed into law on August 16, 2022. The IRA includes significant tax provisions, as well as nearly US$370 billion in federal funding for clean energy and environmental projects in the form of competitive grants, cooperative agreements, and loan programs. Notably, the IRA provides for a new … Continue Reading

Federal Rule Modifies Environmental Due Diligence Standard for Real Estate Transactions

A key federal rule was recently amended that will impact environmental due diligence in real estate transactions. Real estate developers, lenders, and others are working to adjust their approaches to conform to the new American Society for Testing and Materials (“ASTM”) standard E1527-21.  The US Environmental Protection Agency finalized a rule providing that this new standard … Continue Reading

CBP Issues Ruling on Offshore Wind Electrical Cable Installation

US Customs and Border Protection (CBP) recently held that a foreign flagged vessel could install electric transmission cables without violating the coastwise laws. This decision reflects a growing body of CBP rulings that address whether a Jones Act compliant vessel is required for specific aspects of an offshore wind project.… Continue Reading

Environmental Issues to Watch

The first two years of the Biden Administration have brought about a marked shift in environmental policy by contrast to the prior Administration, with the emphasis on addressing climate change at the national and international levels, the revisiting of a number of rules and policies of the prior Administration, the focus on environmental justice for … Continue Reading
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