Legal Blogs and Updates

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 ...

June 2022 Insurance Update: Recent Case Law Finding CGL Exclusions Apply to Biometric Information Privacy Claims

The Northern District of Illinois has issued several recent opinions addressing coverage disputes under commercial general liability (“CGL”) policies involving claims based on alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”). This month’s ...

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 ...

May 2022 Insurance Update: New Insurance-Related Disclosure Requirements in NY and Recent Decisions in NJ & PA on Inflation-Based Premium Adjustment and Voluntary Payment Issues

In recent months, New York has engaged in a flurry of lawmaking regarding civil defendants’ obligations to make insurance-related disclosures. This month’s Insurance Coverage Update examines the major provisions associated with this legal change. This post also addresses new case ...

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 ...

New Jersey Residential Foreclosure Rates Among Highest in Nation

A foreclosure market report for the first quarter of 2022 shows that New Jersey ranked second in the nation for the number of foreclosures per housing unit (1 in every 792), behind only Illinois (1 in every 791). The report, compiled by ATTOM Data Solutions, showed that one in every 1,795 housing ...

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 ...

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