January, 2020

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CARB Attempts to Contain LCFS Credit Prices

Clean Energy Law

In recent LCFS amendments, CARB introduced a new price cap on all LCFS credit transfers and authorized limited future credit borrowing. By Joshua T. Bledsoe , Brian F. McCall , and Kevin A. Homrighausen. On November 21, 2019, the California Air Resources Board (CARB) passed Resolution 19-27 , approving several amendments to the Low Carbon Fuel Standard (LCFS) program designed to foster stability in the LCFS market and promote access to electric vehicle (EV) transportation for disadvantaged and l

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What Do Farmers Actually Get from the New WOTUS Rule?

Environmental Law Prof Blog

This morning, the US Army Corps of Engineers and EPA released a final rule determining which aquatic features are covered by the Clean Water Act. Already, the press coverage is following a familiar pattern: farming lobbyists praise the rule as.

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Planting Wildflowers For The Environment

Environment Blog

Native or Indigenous Species. A native plant is one that naturally occurs in a region without being introduced or genetically modified by humans. So the plant evolved in situ, spread there naturally or was carried there by wind, water, birds, animals or other life. Benefits of Native Species. Native plants will be suited to the environment and soils found in their native homes and are much more likely to be able to live in harmony with other naturally occurring plants.

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7 Questions to Ask To Effectively Communicate Going Green Internally

Eco Coach

If you have implemented a going green project at your organization, you may now be thinking about how to communicate the results to your colleagues. Sharing the details, success and lessons learned of your project with your colleagues will not only inform them about the project and its benefits, but it can lay the groundwork for support of future green projects.

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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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Texas Supreme Court Decides Energy Transfer Partners v. Enterprise Products

The Energy Law Blog

The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P v. Enterprise Products Partners, L.P., a case previously featured on the Blog. This case began in 2011 when ETP and Enterprise explored the possibility of partnering to modify and extend, or construct anew, a pipeline to transport oil southbound from Cushing, Oklahoma.

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Driving Change: A Route to More Sensible Vehicle Emissions Regulation

Vermont Law

Over the past century, gas-powered vehicles have played an important role in everyday American life. Vehicles have long been a primary mode of transportation in the U.S., shaping the nation’s cities, towns, and culture. However, they have also become a major contributor to the air quality and CO2 emissions challenges facing the country. For decades, Congress has sought to mitigate these problems through legislation that empowers administrative agencies to regulate automobile emissions.

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The 5 Most Common Challenges to Going Green At Work

Eco Coach

There are many reasons to go green at work, including: strengthening business operations , growing sales and your organization’s customer base , staying ahead of - or complying with - regulations , enhancing employee well-being , generating additional cash flow, spurring innovation and growing brand reputation. You may be aware of all of these, and excited about implementing a going green project at work, but still wondering how to address one or more of the obstacles below.

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Louisiana Supreme Court Addresses Res Nova Attorney Fees Issue

The Energy Law Blog

In Luv n’ care, Ltd. v. Jackel International Ltd. , No. 2019-C-00749, the Louisiana Supreme Court granted writs to address the res nova issue of whether the “punishment for contempt of court” statute, La. R.S. 13:4611, authorizes the imposition of attorney fees against a party not adjudged guilty of contempt. In the district court, Plaintiff, Luv n’ care, Ltd.

Law 40
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Fifth Circuit Rules “Approximate Physical Presence” is Required for General Personal Jurisdiction

The Energy Law Blog

Can targeted advertising establish general jurisdiction over a foreign corporation? The Fifth Circuit had not addressed this issue until Frank v. P N K (Lake Charles) L.L.C., No. 18-31060, 2020 WL 288213 (5th Cir. Jan. 21, 2020). But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases.

2011 40
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2020 Louisiana Investment Adviser Update

The Energy Law Blog

ADV Amendments The annual amendment for ADV Parts 1A (and 1B for state-registered advisers) and the Brochure (ADV Part 2A) is due March 30, 2020 (for firms with year-end fiscal years). These must be filed with the SEC and with the State of Louisiana (or other state[s] of registration) through the IARD. There is no annual amendment required for the Brochure Supplement (Part 2B).

2020 40
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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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What is Mined is no Longer Ours: Mining in Superior National Forest

Vermont Law

Created in 1909, Superior National Forest spans more than three million acres of wilderness in northeastern Minnesota. Within the Forest’s borders lie countless waterways, lakes, and cultural sites, as well as three endangered species and many unique ecosystems. Yet, recent mineral extraction proposals located within the Forest have called into question the legality of mining operations on these protected lands.

Law 40
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Zombie Chemicals—Learning from Our Past to Prevent Haunting in the Future: Why the EPA Should Regulate PFAS Chemical Compounds

Vermont Law

PFAS are commonly used chemicals now found throughout the environment. The chemical properties that make PFAS popular (they are resistant to oil, fire, and water) also make them hazardous because they accumulate in the environment and biodegrade very slowly. PFAS are particularly mobile in aquatic environments, and thus create a significant public health risk when they are present in drinking water.

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OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

The Energy Law Blog

In a stark reminder of the sanctity of Coast Guard investigations, and the consequences of impeding such investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently took action against a maritime employer for allegedly retaliating against a seaman who cooperated with the Coast Guard in connection with its investigation of a maritime casualty.

2006 40
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Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

The Energy Law Blog

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). One year later, the Eastern District granted motions to remand filed by Plaquemines Parish and the State of Louisiana in Parish of Plaquemines v.

2019 40
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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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Volume 21 Issue 2

Vermont Law

. Volume 21 Issue 2. .

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U.S. Climate Change Litigation: 2020 Update

The Energy Law Blog

Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. The current landscape consists of (1) two lawsuits brought by state governments against an oil and gas company alleging investor fraud; (2) numerous cities, counties, and other local governments seeking compensation from fossil fuel companies for climate change related damages; and (3) nine lawsuits brough

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How to Determine the Right Time to Implement Your Going Green Project

Eco Coach

Going green, also known as environmental sustainability, is becoming the norm for larger organizations, and many smaller and mid-sized organizations are also realizing the benefits of taking green actions. If you are unsure as whether this is a path for your organization, you may want to check out these five questions to ask before going green at work.

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The Waivering Renewable Fuel Standard and How to Fix It

Vermont Law

In October of 2018, Bruce Buchanan etched a message into 60 acres of corn fields on his farm in Fowler, Indiana. From the air, the message read: “Thanks Mr. Trump for E15.”. An aerial photo capturing the message quickly spread on social media, . and the U.S. Agriculture Secretary and the White House . P. ress . S. ecretary eventually shared . the photo.

2018 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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End Game for the Kids Climate Case?

Vermont Law

By: Patrick Parenteau, Professor of Law, Vermont Law School. What is most striking about the 9. th. Circuit’s split. decision. in. Juliana v United States. is not the result—dismissing the case on the ground that the court lacked the power to award the transformative relief the youth plaintiffs were seeking—but the utter dismay expressed by the judges at the existential threat facing the nation and the abject failure of the other branches of government to deal with it.