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E2 Law Blog Blog

Articles: 1-10 of 177

Rolling Back Environmental Rollbacks in the New Administration

USA - November 13 2020 In 2016, the incoming Trump Administration stated its intention to reduce substantially federal environmental regulation. The president issued…

Keeping Eyes on the Ball: Integration of Distributed Energy Resources

USA - November 5 2020 California residents experienced rolling blackouts - the first in two decades - in August this year, amidst the pandemic and triple-digit heatwave…

New Lawsuit Challenges DOJ Policy Prohibiting SEPs

USA - October 14 2020 The ongoing battle over Supplemental Environmental Projects (SEPs) - environmentally-beneficial, beyond-compliance projects that defendants agree to…

Technical and Economical Considerations for Hydrogen Storage

USA - October 13 2020 Hydrogen recently has been touted by various political leaders around the world as a clean panacea to the problem of energy storage or heat or…

Pleasing All the People Some of the Time: New York Simultaneously Proposes Regulations Implementing Its New Siting Law and Community Benefit Program for Renewable Projects

USA - September 30 2020 Earlier this year New York state, conceding that its previously enacted siting law had not been effective in siting large-scale renewable energy…

Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred

USA - September 16 2020 In ASARCO v. Atlantic Richfield, No. 18-35934 (9th Cir. Sept. 14, 2020), ASARCO entered into a Consent Decree under which ASARCO agreed to pay $111.4…

Third Circuit Considers the Scope of “Matters Addressed” in CERCLA Settlements

USA - September 11 2020 This week, the Third Circuit issued an opinion in NJDEP v. American Thermoplastics Corp et al., No. 18-2865, which adds a new wrinkle on CERCLA…

New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values

USA - September 8 2020 Last month, I wrote about the “Environmental Justice for All Act,” a bill that proposes a finding that vulnerable populations are disproportionately…

The National Marine Fisheries Service is Angling to Regulate Aquaculture; the Fifth Circuit Won’t Bite

USA - August 6 2020 On Aug. 3, 2020, a split Fifth Circuit plunged federal aquaculture regulation into murky waters. The United States is a minor aquaculture producer…

‘Environmental Justice for All Act’ Introduced in U.S. Senate

USA - August 2 2020 On July 30, Sens. Cory Booker (D-NJ), Kamala Harris (D-CA), and Tammy Duckworth (D-IL) unveiled the “The Environmental Justice for All Act.” The bill…