November, 2020

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Amid Tensions in Myanmar, An Indigenous Park of Peace Is Born

Yale E360

The Karen people of eastern Myanmar have long fought for autonomy over their lands. In a bold move, they have turned a war zone into a protected area that respects their cultural traditions and looks to save the Salween, one of the world’s last free-flowing international rivers. Read more on E360 ?.

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Green Transport: Private E-Car Infrastructure Subsidy in Germany

Energy and Climate Law

900 Euros subsidy for private wallboxes to charge e-vehicles and a legal obligation to have e-charging points in all new buildings. Germany wants to push ahead with new infrastructure measures for e-mobility - but not everybody likes that. This blogpost introduces the latest measures to boost the e-infrastructure and further the energy transition in Germany`s all-important transport sector.

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Leadership Blog Part 10: Reclaiming Our Environmental Imagination (NEPA at 50 and beyond)

NAEP Leadership Blog

During the decade of the 1960’s and 1970’s, there were many literary figures writing of the simplicity, the beauty, and the spiritual depth of Nature, giving us vivid imagery that represented our emotional landscape. For example, Theodore Roethke’s The Far Field that included the wonderful “North American Sequence,” was published in 1964 and instantly won the National Book Award for that year.

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4 Things to Know About CARB’s Clean Miles Standard

Clean Energy Law

The novel regulation aims to reduce GHG emissions from ride-sharing vehicles in California. By Joshua T. Bledsoe and Jen Garlock. The California Air Resources Board (CARB) is developing the Clean Miles Standard, a regulation to reduce greenhouse gas (GHG) emissions from ride-sharing vehicles and encourage broader adoption of zero-emission vehicles (ZEV), pursuant to Senate Bill (SB) 1014.

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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

Speaker: Kevin Kai Wong, President of Emergent Energy Solutions

In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets.

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Emerging Investigator Series – Changseok Han

Water Research & Technology

Dr. Changseok Han is currently an Assistant Professor in Department of Environmental Engineering at the INHA University, Korea. He earned his B.S. and M.S. in Department of Environmental Engineering at Yeungnam University, Korea, in 2005 and 2007, respectively. Dr. Han achieved his Ph.D in Environmental Science and Engineering program, Department of Biomedical, Chemical, and Environmental Engineering at the University of Cincinnati, USA in 2014.

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New York State Issues Draft Value of Carbon Guidance for Comment

SPR Law

New York State’s Climate Leadership and Community Protection Act of 2019 (CLCPA) sets requirements and goals for statewide greenhouse gas emissions reductions, plans to achieve net zero emissions across the State’s economy, and renewables targets. In accordance with the CLCPA, the New York State Department of Conservation (NYSDEC), in consultation with the New York State… The post New York State Issues Draft Value of Carbon Guidance for Comment appeared first on Sive Paget Riesel.

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German Atomic Energy Act Amendment Illegal - Case Comment BVerfG 1 BvR 1550/19

Energy and Climate Law

The German Federal Constitutional Court decided yesterday that the way in which compensation under the Atomic Energy Amendment Act of 10 July 2018 has been organized infringes the German constitution. The court was particulary concerned about implications of the Act towards the right to property, protected under article 14 German constutution. Moreover, the court ruled that due to formal issues the amendment never entered into force.

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Leadership Blog Part 9: Reclaiming Our Environmental Imagination (from Thoreau to NEPA)

NAEP Leadership Blog

In the mid-19th century, Henry David Thoreau wrote, “In wildness is the preservation of the world.” This thought marked the beginning of this country’s literary American Renaissance and it became the cornerstone of America’s environmental consciousness. America’s heritage is rich in its regard to the environment. We all associate Thoreau with Walden Pond, and the year spent in a small cabin in the woods near the pond shore.

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The U.S. Falls Behind Majority of the World in Reducing CO2 Emissions: The Case for Rejoining the Paris Agreement.

Climate Change Blawg

By Alexandra Lauren Horn, Esq., a U.S. Attorney, admitted to the Bar in New York and New Jersey, with a Certificate in International Law and an interest in Environmental Law and Human Rights. Note you can also download this article as a Word Document or PDF with full footnotes/endnotes below the post. On November 4, […]. The post The U.S. Falls Behind Majority of the World in Reducing CO2 Emissions: The Case for Rejoining the Paris Agreement. appeared first on Climate Change Blawg: Climate

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Quality Data: An Essential Element of Chemical Safety

EPA

By Alexandra Dapolito Dunn. Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. Good decisions start with good information. As we work through the process to evaluate any potential risks from chemicals in the marketplace, it’s critical that we have high-quality, robust data on these chemicals. This information is the foundation for our risk evaluations and will ultimately guide our decisions about the risks to public health and the environment and the actions we’l

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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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Healthy beaches require everyone’s attention

Stack Environment

For many residents of Georgia, the beautiful coastlines and beaches are a source of pride. You may be among those for whom spending a day at the beach brings renewed peace of mind and clarity of thought. However, you may also understand that the beaches and coastal environments are fragile, and the delicate balance of nature is always at risk. Dunes provide protection for areas inland as well as being the habitat for numerous endangered flora and fauna.

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Record-shattering Warmth Pushes Arctic Temperatures to 12 Degrees F Above Normal

Yale E360

Even as winter darkness descends across the Arctic, a year of record-breaking heat continues. Temperatures last weekend across the entire Arctic basin hit 12 degrees Fahrenheit above normal , scientists announced, with some areas measuring as high as 30 degrees F or more above the norm. Read more on E360 ?.

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Modernizing the Energy Charter Treaty - EU wants to stop investment protection for fossil fuels

Energy and Climate Law

For almost two year now the Energy Charter Treaty (ECT) is under revision and negotiations shall finish in 2021. The EU now ratched up its position on the reform of the ECT during recent negotiation rounds. The aim of the EU is to try to stop fossil fuel companies suing states over climate action. This shall, according to a leaked document, be pursuit by fundamental changes to the investment chapter and to the Investor State Dispute Settlement MEchanism of the ECT (ISDS).

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Government of Canada introduces bill to legislate net-zero greenhouse gas emissions by 2050

Manning Law

Yesterday, the Canadian Government introduced legislation, the Canadian Net-Zero Emissions Accountability Act , to achieve Canada’s goal of net-zero greenhouse gas emissions by 2050. The Act will do the following: Legally bind the Government to a process to achieve net-zero emissions by 2050. Set rolling five-year emissions-reduction targets and require plans to reach each one and report on progress.

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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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SBA and IRS Create Further Uncertainty with the Federal Income Tax Deductibility of Certain Expenditures Paid for with Funds from a PPP Loan

The Energy Law Blog

On October 26, 2020, the U.S. Small Business Administration (“SBA”) published a notice seeking comment on two Loan Necessity Questionnaires (Form 3509 for “for-profit” entity borrowers and Form 3510 for “non-profit” entity borrowers) that are to be submitted by borrowers who have received Paycheck Protection Program (“PPP”) loans and are seeking forgiveness of those loans pursuant to section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).

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Stormwater Management

Global Green

STORMWATER MANAGEMENT METHODS and Opportunities for Compost Use. By Joseph Lim. STORMWATER MANAGEMENT IS AN ISSUE FACING many communities across the country. Stormwater runoff causes flooding, pollution of water, contamination of drinking water supplies and a danger to public health. Many cities in the United States have combined sewer systems which are designed to collect stormwater runoff, sewage, and industrial wastewater.

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John Cruden Receives ABA SEER Lifetime Achievement Award

Environmental Law Prof Blog

John Cruden, who among many other things was a longtime Justice Department leader in the Environment and Natural Resources Division, was awarded the Lifetime Achievement Award for Environmental Law on October 20 by the American Bar Association (ABA) Section of.

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Scientists Create the First Global Map of Bee Distribution

Yale E360

Scientists have created the first global distribution map for bees, analyzing nearly 6 million public records of where individual species have appeared around the world. The project, published in the journal Cell Biology , found that bee diversity is higher in the Northern Hemisphere than in the Southern, and that bees prefer temperate regions over the tropics.

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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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New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions

SPR Law

On October 29, 2020, the New York City Council passed Int. No 1947-A—a bill that significantly amends the affordable housing provisions of Local Law 97 of 2019 to require more buildings to meet greenhouse gas emissions caps. Local Law 97 and the technical amendments in Local Law 147 of 2019 require most new and existing… The post New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions appeared first on Sive Paget Riesel.

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FEDERAL GOVERNMENT AND CALIFORNIA REACH AGREEMENT TO DEMOLISH MAJORITY OF BUILDINGS AT SANTA ANA LABORATORY NUCLEAR SITE

ENVIRONMENTAL LEGAL BLOGS

      According to the Ventura County Star newspaper, the U.S. Energy Department and the California Department of Toxic Substances Control have reached agreement on demolishing 10 of the 18 buildings at the site, located just outside of Simi Valley, California.  See the November 19, 2020 edition of the paper, [link].        The site has long been the subject of controversy, as neighborhoods in the area claim that contamination from historic testing

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Louisiana Third Circuit Confirms Settled Application of Subsequent Purchaser Doctrine Where Expired Mineral Leases at Issue

The Energy Law Blog

As it “is impossible to transfer rights to an assignee under an expired mineral lease,” in a case where oil, gas and mineral leases had expired prior to plaintiff’s acquisition of the property, the Louisiana Third Circuit Court of Appeal in Litel Explorations, L.L.C. v. Aegis Development Company, L.L.C., et al. affirmed dismissal of claims pursuant to the subsequent purchaser doctrine, which provides that the right to sue for property damage is a personal right that belongs to the landowner who

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Solar for Haiti

Global Green

PROJECT. Helping Haiti rebuild green following the devastating earthquake in January 2010. OUR PARTICIPATION. Global Green mobilized immediately after the earthquake, and we received generous donations from individuals as well as actor and activist Walton Goggins (who raised over $6,000), and SBE (which raised $20,000 from their employees) to help us make an impact.

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Paul Manning to Speak at Altech’s Webinar on Air Permitting.

Manning Law

With more stringent air contaminant concentration standards now in effect, some companies may no longer be in compliance with the emission limits. Certified #environmentallaw specialist Paul H. Manning ( Manning Environmental Law ) will join Altech’s resident senior #airpollution engineer, Elham Gorouhi,MSc, P.Eng , to speak at Altech’s November 18th webinar on Air Permitting.

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As South Africa Clings to Coal, A Struggle for the Right to Breathe

Yale E360

Close ties between the ruling elite and the coal industry have helped perpetuate South Africa’s dependence on the dirtiest fossil fuel for electricity. But now residents of the nation’s most coal-intensive region are suing to force the government to clean up choking air pollution. Read more on E360 ?.

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Call for Papers -- 7th Annual University of Michigan Law School Junior Scholars Conference

Environmental Law Prof Blog

The University of Michigan Law School invites junior scholars to attend the 7th Annual Junior Scholars Conference, which will take place virtually on April 16-17, 2021. The conference provides junior scholars with a platform to present and discuss their work.

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California Air Resources Board increases reporting obligations

ENVIRONMENTAL LEGAL BLOGS

    As many as 800 new chemicals will have to be reported by industry under new regulations approved on November 19, 2020 by the California Air Resources Board.   See [link].

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Solar Leasing in Louisiana: Who to Lease?

The Energy Law Blog

This blog post is the first in a series of blog posts that will discuss some of the nuances of Louisiana property law relating to solar leasing. With solar companies entering the Louisiana market, many of which having no prior experience in Louisiana, it is important to identify and avoid some pitfalls that may not be immediately obvious to the common-law practitioner.

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Global Green Biogas Program

Global Green

Global Green to expand biogas program to 2 California cities. By Global Green | March 26, 2018. Non-profit, Global Green announced March 23 it will select two Southern California cities as partners to participate in a new food waste recycling program, using an Eco-Ambassador resident outreach model. The two cities will be chosen based on existing access to food-waste-to-biogas production, or an interest in investing in biogas production infrastructure, as well as their focus on underserved commu

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VOTE!!

Environmental Crimes

VOTE!!

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Covid-related Emissions Drop “Just a Tiny Blip” in Long-term Climate Trends

Yale E360

As nations went into lockdown to contain the spread of Covid-19, factories halted and cars sat idle, clearing the skies above polluted cities and sending climate-changing emissions to historic lows. But the concentration of greenhouse gases in the atmosphere ? the accumulation of past and current emissions ? remained virtually unchanged, according to the World Meteorological Organization’s annual estimate.

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Biden`s Energy and Climate Plans - A Legal Appraisal

Energy and Climate Law

President-elect Joe Biden pursued three main energy and climate missions during his campaign. First, he promised to re-join the Paris Agreement on `the first day in office´, second, he wants to embark on an ambitious phase-out programme for fossil fuels and third he promised to re-join the Iran Nuclear Deal. But is all of that possible from a legal point of view?

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Celebrating a Win-Win: 30 Years of Progress Under the Pollution Prevention Act

EPA

By Alexandra Dapolito Dunn. Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. On this day in 1990, a new era was ushered in for EPA and the nation when the Pollution Prevention (P2) Act was signed into law. The act gave the agency new tools to join with states, tribes, and communities to prevent pollution before it happens.

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Louisiana Third Circuit Affirms Dismissal of Royalty and Other Claims Based Upon Prescription

The Energy Law Blog

In a straightforward application of Louisiana’s prescriptive principles, the Louisiana Court of Appeal for the Third Circuit affirmed the trial court’s grant of exceptions of prescription, finding plaintiff’s claims for fraud, under the Louisiana Unfair Trade Practices Act (LUTPA), and for unpaid royalties all prescribed in Karen May v. The Succession of Mayo Romero.

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