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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 ...

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 ...

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 ...

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