Legal Blogs and Updates

  • Posts by Thomas Forrester Jr.
    Partner

    Thomas D. Forrester Jr. is an accomplished litigator whose experience includes the management of disputes over environmental, construction, trade secret, premises liability, healthcare and professional ...

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 ...

New York Considers Environmental Regulations for Cryptocurrency Mining

The New York State Legislature has passed a pair of bills in the Senate and Assembly that, if signed by Governor Kathy Hochul, would impose a two-year ban on issuing new air permits to cryptocurrency mining operators in New York.

Specifically, New York lawmakers, urged by environmental ...

Bitcoin Industry Responds to Call for Regulation by House of Representatives Letter

In response to recent scrutiny regarding potential environmental violations by bitcoin mining data centers, Bitcoin industry executives authored a letter from the industry group Bitcoin Mining Counsel to the Environmental Protection Agency (EPA). Signatories include leadership from ...

U.S. Supreme Court Rules That the Clean Water Act May Regulate Pollution Traveling Through Groundwater

On April 23, 2020, the United States Supreme Court issued a decision in the County of Maui, Hawaii v. Hawaii Wildlife Fund et al. matter, finding that the Clean Water Act may regulate pollution traveling through groundwater. The Court also found that the Ninth Circuit Court of Appeals applied ...

EPA Redefines Waters of the U.S. — Again — in Bid to Promote Regulatory Consistency

The U.S. Environmental Protection Agency (EPA) is taking the next steps toward repealing the 2015 Obama Administration-era rule defining Waters of the United States in order to achieve its stated goal of increased regulatory certainty. The changes are expected to affect anyone who is ...

Governor Murphy Enacts “Clean Stormwater and Flood Reduction Act”

On March 18, 2019, Governor Murphy signed the Clean Stormwater and Flood Reduction Act. This act allows towns and counties to create municipal stormwater utilities, which would impose fees on property owners to pay for upgrades to local stormwater infrastructure. The intended purpose of ...

When it Rains it Pours: NJ Considers Enacting "Rain Tax"

The New Jersey Assembly and Senate have approved a bill titled the Clean Stormwater and Flood Reduction Act[1], which is designed to reduce flooding and water pollution. If enacted, this bill would allow counties and municipalities to create stormwater utilities, which will have the ...

Questions Continue to Swirl Around Groundwater and its Impact on the Waters of the US

The Supreme Court of the United States has asked the Trump Administration to weigh in on the question of whether the Clean Water Act applies to pollutants migrating through groundwater before ultimately reaching “waters of the United States.” This issue is being closely monitored by ...

Redefining Water: New Proposed Rule for Waters of the United States

The Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) have proposed a revised definition of “waters of the United States” that is intended to clarify, streamline and limit which waters are subject to federal regulations.

Specifically, the ...

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