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Proposed Legislation Would Provide Tax Abatements for Carbon-Emission Law Compliance

New York City Assemblyman Edward C. Braunstein (D-Bayside) is sponsoring legislation intended to help middle-class co-op and condo owners comply with Local Law 97,  which—starting in 2024—sets carbon emissions caps on buildings over 25,000 square feet. Assemblyman Braunstein’s ...

Recent Settlements on PFAS Liability in NJ and Nationwide

On June 28, 2023, a proposed settlement for close to $393 million was announced between Solvay and the State of New Jersey as part of the State’s effort to remediate the PFAs, “forever chemical” contamination. PFAs have been found to impact groundwater, including drinking water, and ...

Supreme Court Wetlands Ruling - Better For Business

The United States Supreme Court has issued a ruling clarifying which wetlands can be regulated by the federal government under the Clean Water Act. In a 5-4 vote, SCOTUS ruled that wetlands can only be regulated under the Clean Water Act if they have a "continuous surface connection" to a larger, regulated body of water such as a river, lake, or ocean. 

New Jersey Dirty Dirt: July 14, 2022 Deadline to Be Exempt, Register, or Certify

July 14, 2022, was the deadline for those engaged in soil and fill recycling services in New Jersey to (i) be exempt, (ii) annually certify to New Jersey Department of Environmental Protection (NJDEP) that they only handle “non-restricted” (a/k/a “clean”) materials, or (iii ...

New Cryptocurrency Mining Operations Restrictions in New York

Coming off a successful reelection, New York Governor Kathy Hochul signed into law a two-year moratorium on new cryptocurrency mining operations in New York that rely upon fossil fuel generated electricity. Taking care not to enact a statewide prohibition, existing cryptocurrency mining ...

White House Issues Report on Climate and Energy Implications of Crypto-Assets in the U.S.

The White House recently authored a report containing policy guidance on the environmental issues related to cryptocurrency mining, recommending that the Environmental Protection Agency, Department of Energy (“DOE”) and other federal agencies assist states, local communities ...

EPA Proposes Designation of First PFAS Chemicals as Hazardous Substances Under CERCLA

On August 26, 2022, the United States Environmental Protection Agency (EPA) proposed the treatment of two PFAS chemicals as hazardous substances under federal law, which would include the triggering of obligations under the Comprehensive Environmental Response, Compensation, and ...

Two New Ways to Monetize Energy Tax Credits Under the Inflation Reduction Act

The Inflation Reduction Act, signed into law last week, has created two new mechanisms for monetizing new and existing energy tax credits, which may lead to significant cost savings and eliminate the need for complicated tax equity structures for renewable energy project owners.

First, in ...

Inflation Reduction Act Provides Billions in Funding for Climate Initiatives and Clean Energy Development

President Biden has signed the Inflation Reduction Act, a major spending bill that attempts to tackle climate change, the cost of prescription drugs, and lower the national deficit. While the Act does not include any requirements to reduce emissions, it does provide for new oil and gas ...

U.S. Supreme Court Decision May Impact Climate Policies, Narrows EPA Greenhouse Gas Regulations

On June 30, 2022, the United States Supreme Court held that the Environmental Protection Agency (EPA) does not have the authority to permit the promulgation of state regulations under the Clean Air Act that would result in or encourage “generation shifting” to clean energy. This ...

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