May, 2020

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Nord Stream 2 - When is a Pipeline Really Built?

Energy and Climate Law

The Nord Stream 2 - saga continues. The German energy regulator Bundesnetzagentur rejected an application of the Nord Stream 2 operating consortium to obtain an exemption from EU unbundling rules after the Gas Directive was amended in 2019. The argumentation of the regulator strikes at a crucial point - is a pipeline already built when 160 kilometres are still missing?

2009 130
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Should We Domesticate Wild Animals to Prevent Disease Pandemics? An Interview with Peter Daszak

Environmental Progress

Dr. Peter Daszak, President, Eco-Health. On April 27, 2020, Professors Josef Settele, Sandra Díaz, Eduardo Brondizio, and Dr. Peter Daszak published an article which argued that “Rampant deforestation, uncontrolled expansion of agriculture, intensive farming, mining and infrastructure development, as well as the exploitation of wild species have created a ‘perfect storm’ for the spillover of diseases from wildlife to people.

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Environmental Engineers – Why Is This The Career Of The Future?

AAEE

Today, the environment is at a risk. With rising pollution levels, deforestation, and more, environmental engineers are someone who can help reduce the risk and safeguard the environment. They aren’t your ordinary nature lovers. In fact, they are professionals with a scientific mind who generally take care of exceeding pollution levels, manage hazardous waste, preservation… The post Environmental Engineers – Why Is This The Career Of The Future?

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OSHA Addresses Reporting COVID-19 Cases as Job-Related and In-Person Workplace Inspections

The Energy Law Blog

On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) issued two noteworthy enforcement memos. The first memo announced the reversal of OSHA’s April 10, 2020 policy that limited the requirement to track on-the-job cases of COVID-19 to health-care facilities, emergency response providers, and corrections facilities. The new policy, which goes into effect on May 26, 2020, mandates that all employers who are required to maintain OSHA injury and illness logs determine whether e

2020 52
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Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation

Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

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Reconciling Environmental Justice with Climate Change Mitigation: A Case Study of NC Swine CAFOs

Vermont Law

For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable.

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The 'Uplift of the Tibetan Plateau' Myth

Science Blogs

The 'Uplift of the Tibetan Plateau' Myth. 'The uplift of the Tibetan Plateau' is invoked to explain various phenomena, from monsoon dynamics to biodiversity evolution and everything in between. It's not accurate, finds a new paper. The orogeny of the Tibetan region (Tibet, The Himalaya and the Hengduan Mountains) dates back approximately 200 million years, long before the arrival of India, and was the product of earlier Gondwanan tectonic block collisions that produced a complex of mountain chai

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Interview with Inger Andersen, Executive Director, United Nations Environment Program

Environmental Progress

Interview by Michael Shellenberger with Inger Andersen, Executive Director, United Nations Environment Program The death toll from natural disasters declined 90% in 40 years, and most energy experts believe we are unlikely to exceed 2.5-3 degrees warming. I was surprised you didn’t mention those facts in your speech. Do these trends give you hope for mitigation and adaptation?

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Executive Order of May 19

Environmental Crimes

On May 19, 2020, the White House unveiled Trump’s executive order (“EO”) that instructs federal agencies to consider the economic effects of the current pandemic in undertaking enforcement and regulatory compliance.  The EO means that the USEPA will, more than likely, revise its recent March 26 general guidance related to enforcement during the pandemic.

2020 40
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Guidance and Relief for Retirement Plans Due to the COVID-19 Pandemic

The Energy Law Blog

The Department of Labor (the “DOL”), the Treasury Department (the “Treasury”), and the Internal Revenue Service (the “IRS”) have recently issued guidance extending certain deadlines and providing certain relief for retirement plans in response to the current COVID-19 pandemic. Discussed below are (1) EBSA Disaster Relief Notice 2020-01, (2) DOL “COVID-19 FAQs for Participants and Beneficiaries,” (3) IRS Notice 2020-23, and (4) IRS “Coronavirus-related relief for retirement plans and IRAs quest

2020 40
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NINE STATES CHALLENGE FEDERAL EPA BROAD FLEXIBILITY DURING COVID CRISIS

ENVIRONMENTAL LEGAL BLOGS

    As mentioned before in this blog, EPA has issued an enforcement memorandum indicating the agency is disposed to show some flexibility tin enforcing environmental standards during the nationwide economic shutdown as a result of the Corona virus pandemic.  Predictably, the agency action has been met with litigation.     The liberal Attorneys General of nine States (New York, California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermo

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Shaping a Resilient Future: Climate Impact on Vulnerable Populations

Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital

As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.

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A discussion on science-policy interfaces with Sir Robert Watson

Dario Piselli

I am honoured to announce that on May 29th, starting from 8am EDT, I will moderate a webinar with Professor Sir Robert (Bob) Watson CMG FRS on the role of science-policy interfaces in the areas of biodiversity and climate change. An atmospheric chemist by formation, Sir Bob Watson is rightly recognised as one of the Continue reading "A discussion on science-policy interfaces with Sir Robert Watson".

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How Green is the “Green Rush”? Recognizing the Environmental Concerns Facing the Cannabis Industry

Vermont Law

Marijuana is a Schedule I controlled substance and remains illegal, for all purposes, under Federal law.& But, after 2018’s ballot initiatives, and the State of Illinois’ legislative enactments, 33 states plus the District of Columbia have legal, medical, and/or recreational cannabis regimes.& States where marijuana has been broadly legal for years have designated dispensaries as “essential businesses” during the COVID-19 crisis.

2018 40
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Should We Intensify Farming to Prevent Disease Epidemics like Coronavirus? An Interview with Josef Settele

Environmental Progress

Dr. Josef Settele. Interview, May 4, 2020 Dr. Josef Settele, Professor of Animal Ecology and Social-Ecological Research, Dept. of Community Ecology, Helmholtz Centre for Environmental Research – UFZ On April 27, 2020, Professors Josef Settele, Sandra Díaz, Eduardo Brondizio, and Dr. Peter Daszak published an article which argued that “Rampant deforestation, uncontrolled expansion of agriculture, intensive farming, mining and infrastructure development, as well as the exploitation of wild species

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

By Margaret Barry and Hillary Aidun. Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 133.

2020 40
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Sustainability at Retail

Sustainability impacts every nation, company, and person around the world. So much so that, in 2015, the United Nations (UN) issued a call for action by all countries to work toward sustainable development. In response to this and as part of a global Sustainability at Retail initiative, Shop! worked collaboratively with its global affiliates to address these critical issues in this white paper.

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Third Circuit Issues New Act 312 Decision Involving Prescription and Breach of Contract

The Energy Law Blog

The Louisiana Third Circuit Court of Appeal recently issued an opinion involving issues of prescription and breach of contract claims in the context of Act 312 and “legacy lawsuits” that oil and gas companies must remain cognizant of going forward. In State of Louisiana, et al. v. Louisiana Land & Exploration Co., et al. , the Third Circuit affirmed the Vermilion Parish School Board’s authority to sue on behalf of the state, rejected a prescription defense on the basis of prescription immuni

2013 40
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Trump Administration’s Navigable Waters Protection Rule and Its Impact on Ohio

Ohio Environmental Law

What action was taken to define the scope of federal jurisdiction? On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule.

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Changes to Renewable Energy Growth: The Death of the ITC and Decline in Production from COVID-19

Vermont Law

By Brian Pattison. The largest growing source of energy generation in the world is currently renewable energy. [1]. An EIA report from January, 2019 forecasts that renewable energy will continue to increase at a sharp rate as coal-fired and nuclear generation decreases each year. [2]. Utility-scale solar is expected to grow by 10% in 2019 and an additional 17% in 2020. [3].

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The Public Value of Ecological Agriculture

Vermont Law

The Public Value of Ecological Agriculture.

52
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Volume 21 Issue 4

Vermont Law

New Paragraph.

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Up in the Air: Will California’s Methane Gas Mitigation Laws and Policies Lower Global Greenhouse Emissions?

Vermont Law

New Paragraph.

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Pesticide Warning Labels: We Need Transparency

Vermont Law

By Kenny Bozarth. In its most recent review, the EPA concluded that Roundup is safe if used as directed. [1]. Further, the EPA found that there are no risks to children who play in residential areas treated with Roundup. [2]. The EPA states there is no evidence that glyphosate-based weed-killers cause cancer by considering a “significantly more extensive and relevant dataset than the International Agency on the Research for Cancer.”. [3].

2018 52
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IRS Updates Guidance on Temporary Procedures to Fax Forms 1139 and 1045 to Obtain Quick Tentative Refunds due to NOL Carrybacks and Accelerated Use of AMT Carryforward Credits

The Energy Law Blog

In an April 17, 2020 post to the Liskow Energy Law Blog, we advised our clients and friends that the Internal Revenue Service (“ IRS ”) had published guidance on how refunds attributable to the CARES Act newly-permitted 5-year carryback of NOLs in section 172 of the Internal Revenue Code (the “ Code ”) and the accelerated use of AMT Carryforward Credits in section 53(e) of the Code can be obtained.

2020 40
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Applying for Loan Forgiveness under the Paycheck Protection Program (PPP)

The Energy Law Blog

Updated August 31, 2020 On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, which established, in relevant part, the Paycheck Protection Program (PPP), a loan program that offers eligible borrowers the potential for loan forgiveness. For more information on the PPP and other CARES Act lending programs, click here , and for information about applying for PPP loans, click here.

2020 40
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We Need Lawyers that ‘Speak Science’ Now More than Ever!

Vermont Law

By Erin Miller. On Thursday, March 26, 2020, the. EPA released a statement. explaining that they will stop enforcing environmental regulations because of the. COVID-19 pandemic. This unprecedented decision to put in place a temporary policy which gives the EPA discretion to refrain from enforcing civil violations during this pandemic will certainly have long lasting effects in environmental law.