The first quarter of 2022 has yielded a number of decisions, reversals and agency adjustments worth note. FEDERAL CIRCUIT U.S. Court of Appeals for the D.C. Circuit – Food & Water Watch v. Federal Energy Regulatory Commission On March 11, 2022, the court decided the FERC case. On December 19,…
Articles Posted in Environmental
Real Estate & Construction News Round-Up 03/02/22
Economic sanctions placed on Russia cause a shift in the U.S. real estate market, investments in virtual real estate continue to grow as market equilibrium returns, climate change concerns have made a notable impact on regional real estate interest, and more. Following the economic sanctions placed on Russia for its…
A Court-Side Seat: Case Law Update (February 2022)
It is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts. THE COURTS OF APPEAL The U.S. Court of Appeals for the Fourth Circuit West Virginia State University Board of Governors v. The Dow Chemical Company, et al.…
Real Estate & Construction News Round-Up 02/09/22
A Florida home for sale offers a property deed via an NFT, nuclear power is projected to play an important role in the climate crisis, a Spanish real estate developer aims to set up an office in the the metaverse Decentraland, and more. Pillsbury’s Elina Teplinsky argues nuclear power is…
EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response
On January 11, 2022, the U.S. Environmental Protection Agency (EPA) issued a press release announcing “key steps” it is taking to “protect groundwater from coal ash contamination.” Pillsbury attorney Matthew Jeweler recently authored the post, “EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a…
The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”
On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by February 7, 2022. This term controls the scope of federal regulatory powers…
A Year-End Review of the Environmental Regulatory Landscape
Anne Austin recently joined Industry Insights host Joel Simon to discuss the key considerations and drivers of the Biden administration’s major regulatory initiatives. Our guest today is Anne Idsal Austin, a nationally recognized environmental lawyer who has held several high-profile federal and state regulatory roles. As a partner who recently joined…
Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act
With the enactment of this important legislation, its impact on environmental regulation and policy will be carefully analyzed by the regulated community. Such a review may be hampered by the fact that the law is not only complex but also very long (over 2000 pages!). The Infrastructure Act is mostly…
Eco Oro v. Colombia and the Police Powers Exception: What Companies Should Know When Investing Outside of Their Country
In a mixed decision for international investors, the International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s award finding that the Republic of Colombia breached its obligations under the Canada-Colombia Free Trade Agreement when it blocked Eco Oro Minerals Corporation’s mining project in an effort to protect…
A Court-Side Seat: OSHA, Air and Waters
The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Truck Trailer Manufacturers Association, Inc. v. EPA On November 12, 2021, the DC Circuit held in a divided ruling that neither Section…