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  • Posts by Agnes Antonian
    Partner

    As Chair of Connell Foley's Environmental Law practice group, Agnes Antonian draws on her engineering background to address a broad range of complex environmental litigation and land use matters. Her environmental litigation ...

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 ...

The PFAS Saga Continues - New Federal Advisory Levels More Stringent Than NJ Regulations

Earlier this week, the Environmental Protection Agency (EPA) announced new levels at which four per- and polyfluoroalkyl substances (PFAS) are considered safe in drinking water. The announcement included non-binding drinking water advisories for two new PFAS not previously regulated ...

EPA Proposed Water Rule May Delay or Limit Permit Approvals

The Environmental Protection Agency (EPA) has proposed a new Clean Water Act Section 401 rule, which may delay and/or limit federal approvals of projects that discharge into federally protected waters.  The proposed rule specifically provides states and tribes the power to grant or deny ...

NJDEP First State to Publish Highly Anticipated Environmental Justice Proposed Rules

On June 6, 2022, the New Jersey Department of Environmental Protection (NJDEP) published a rule proposal requiring the consideration of environmental justice issues and impacts on overburdened communities in the evaluation and issuance of certain environmental permits. The proposed ...

DOJ Announces Environmental Justice Strategy and New Office of Environmental Justice

The U.S. Department of Justice (DOJ) has announced several initiatives to advance environmental justice interests, including restoring federal prosecutors’ authority to include special environmental justice projects in settlements and establishing a federal Office of ...

FERC New Climate Policy Impacts Under Review

The potential impacts from the climate policy changes to the Federal Energy Regulatory Commission (FERC) regulations continue to evolve. Public comments have been submitted by environmental groups, industry groups and states in response to the FERC's proposed climate policy changes to ...

United States Expands National Environmental Policy Act Reviews – More Scrutiny on Infrastructure and Development Anticipated

This week, the Council on Environmental Quality issued a final rule amending the National Environmental Policy Act (NEPA), effectively revoking changes made in 2020 by the Trump Administration that limited the scope of NEPA reviews. The rule is phase one of a two-part process, with ...

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