March, 2020

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NAEP Comments on CEQ Proposed Revisions to NEPA Regulations

NAEP Leadership Blog

On March 10, 2020, NAEP submitted comments to the Council on Environmental Quality on CEQ’s Notice of Proposed Rulemaking revising its regulations for implementing the procedural requirements of NEPA. The proposed rulemaking was published in the Federal Register on January 10, 2020, and the comment period closed on March 10. These comments include contributions from several NAEP members and were discussed during the February 19 meeting of the NEPA Practice.

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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law Blog

Today, countries worldwide are responding to a pandemic of respiratory disease spreading from person-to-person caused by a novel coronavirus. The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). The pandemic poses a serious public health risk, and government response has included closure of schools and businesses, declarations of emergency, and issuance of a variety of “stay home” orders—typically instructing all but “essential personnel” to remain in their residence

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Food Storage Tips and Hacks To Reduce Food Waste

Onya

Why be concerned about food storage and food waste? According to the UN Food and Agriculture Organization (FAO), if food waste was a country it would be the third highest emitter of greenhouse gases. In addition, an estimated 30% of the food we produce, about 1.8 billion tonnes, is wasted annually. To put a price tag on that, it would be in the area of $1.7 trillion each year or around $3,200 per household.

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Is Bitcoin Bad For The Environment?

Environment Blog

Bill Gates hailed Bitcoin as a “technological tour de force” while Peter Thiel, the co-founder of PayPal, said that it “has the potential to do something like change the world.”. Not everybody is as gushing with praise. Billionaire investor, Warren Buffett, said that it is a “delusion” because it has no “unique value” and also described it as “rat poison squared”.

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How to Drive Cost Savings, Efficiency Gains, and Sustainability Wins with MES

Speaker: Nikhil Joshi, Founder & President of Snic Solutions

Is your manufacturing operation reaching its efficiency potential? A Manufacturing Execution System (MES) could be the game-changer, helping you reduce waste, cut costs, and lower your carbon footprint. Join Nikhil Joshi, Founder & President of Snic Solutions, in this value-packed webinar as he breaks down how MES can drive operational excellence and sustainability.

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Going All In When Selling Sustainability & Going Green

Eco Coach

“Sustainability has gone from a ‘nice to do’ to a must do’. It’s about what we do right here, right now and for the rest of our working lives.” - Steve Howard, CSO, Ikea It may be tough to believe, but sustainability and going green is STILL considered by many to be for tree huggers, not for ‘serious businesses’. Many sustainability and green champions and professionals have felt uncomfortable at some point selling sustainability.

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Human evolution: The astounding new story of the origin of our species

New Scientist

Forget the simple out-of-Africa idea of how humans evolved. A huge array of fossils and genome studies has completely rewritten the story of how we came into being.

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Key Issues in OTC Derivatives Contracts as COVID-19 Disrupts Global Financial Markets

The Energy Law Blog

It has been an extraordinary few weeks as businesses face challenges presented by the COVID-19 outbreak. Companies are grappling with a multitude of issues — from the health and safety of employees to increased cyber security risks to financial and operational stability. Understandably, assessments of significant contractual and market exposures have been prioritized.

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Vermont Law School’s Sixth Annual Alumni in Energy Symposium: Securing the Future Low Carbon Grid

Vermont Law

Introduction240. Panel One: The Role of Natural Gas in a 100% Clean Power Sector245. Panel Two: Challenges & Opportunities for Grid-Scale Solar Development282. Panel Three: Federal and State Policy for Electric Grid Cybersecurity322. Keynote Address: The Honorable Tom Ridge355. . Vermont Law School’s Sixth Annual Alumni in Energy Symposium: Securing the Future Low Carbon Grid. .

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Federal, Ohio, and State Developments on PFAS Regulation

Ohio Environmental Law

Polyfluoroalkyl substances (PFAS)- used in non-stick applications such as cookware, paper packaging, and textiles, as well as in certain types of firefighting foam- have become the new asbestos, and PFAS litigation has been filed in multiple states. Both the federal government and state governments have been moving forward with significant new regulation of the PFAS compounds.

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How to Make Your Organization Attractive to Green Investors

Eco Coach

The recent YouTube interview with David Barnett , which focused on going green and sustainability as a competitive advantage, highlighted ways that sustainability can grow an organization’s attractiveness to potential investors. The interview sparked some questions as to whether it makes sense to go green in order to attract potential investors and buyers.

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The Key to Sustainable Energy Optimization: A Data-Driven Approach for Manufacturing

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. 📊 Join us for a practical webinar hosted by Kevin Kai Wong of Emergent Ene

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Cities, Climate & COVID-19

Law Columbia

by Amy Turner. It is an extremely challenging time for cities. With the novel coronavirus COVID-19 infiltrating cities across the U.S., leaders and staff are working around the clock to develop and implement policies aimed at slowing the spread of the virus, adequately caring for those infected, providing a basic level of services to residents and facilitating safe and effective work conditions for “essential” workers.

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The Complicated Environmental Implications of the Supreme Court’s Cert Grant in Fish and Wildlife Service v. Sierra Club

Environmental Law Prof Blog

Last week, the United States Supreme Court granted review in Fish and Wildlife Service v. Sierra Club. You might think, just based on the names of the participating parties, that a win for the Sierra Club will be a win.

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Fifth Circuit to Hold Oral Argument in Sojitz v. UNOCAL in April 2020

The Energy Law Blog

Last year, in another dispute over who should bear the cost of decommissioning offshore facilities, the Southern District of Texas held that a former sub-assignee of offshore operating rights was entitled to equitable subrogation from the record title owner and initial assignor. Sojitz Energy Venture, Inc. v. Union Oil Co. of California , 394 F. Supp. 3d 687 (S.D.

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The Right to a Clean Environment in India: Gender Perspective

Vermont Law

The watershed moment. s. for the recognition and development of human rights mechanisms in international law . were. the . creation of . the . United Nations . in 1945 and . t. he Universal Declaration of Human Rights. (UDHR). in 1948. 1. . Since then, the . UDHR, . the International Covenant on Civil and Political Rights (. ICCPR. ). , 2. and.

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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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Is running or walking better for you? Here’s what the science says

New Scientist

Does pounding the pavement damage your joints? Can you get away with just walking?

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Michigan Environment, Great Lakes and Energy Department announces new policy on enforcement discretion arising from COVID-19

Environment Next

“Michigan Environment, Great Lakes and Energy Department announces new policy on enforcement discretion arising from COVID-19”. Link: [link].

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Public Participation in the Coronavirus Age

Law Columbia

By Hillary Aidun and Daniel Metzger. Americans of all walks of life are working together to slow the spread of COVID-19 by practicing social distancing. Public agencies are doing their part by closing offices to the public, canceling or postponing hearings, and shifting services and proceedings to virtual formats. In this post we look at the role of open meetings laws in providing for transparent proceedings, and suggest a set of best practices for ensuring that state environmental agencies, pub

Law 52
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law Blog

In January of this year, the Supreme Court of Pennsylvania tackled an issue that has been confronted by few other courts—whether the rule of capture precludes a claim for subsurface trespass due to hydraulic fracturing. [1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The first is a 2008 Texas Supreme Court decision in which the court framed the issue as “whether subsurface hydraulic fracturing of a natural gas wel

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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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COVID-19 Federal Legislative Response

The Energy Law Blog

Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many businesses have been forced to close or limit their service to slow the spread of COVID-19. In response, Congress has passed several pieces of legislation to assist individuals and businesses affected by the virus. The Families First Coronavirus Response Act The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020.

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Comparing Recent Federal and State Attempts at Legislation Promoting Shark Conservation: A Failure of Cooperative Federalism?

Vermont Law

Sharks aren’t gods and they’re not devils. I regard them as true lords of time. They’ve survived multiple extinction episodes when most marine animals have disappeared. They’ve had the strength and adaptations to come back time and time again, and they’ve been around probably longer than most animals with backbones – nearly half a billion years! But now humans, the super-predator, threaten to undo the half-billion-year reign of sharks.

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Sierra Club v. Virginia Electric & Power Co.: How a Clean Water Act Misinterpretation May Open the Floodgates to Future Groundwater Polluters

Vermont Law

On September 12, 2018, the United States Court of Appeals for the Fourth Circuit issued a judgment that added another untenable wrinkle in the fabric of groundwater pollution regulation. Since Congress enacted the Federal Water Pollution Control Act (Clean Water Act), federal circuit courts have contemplated the issue of whether groundwater pollution falls under the “navigable water” provision of the Clean Water Act’s (CWA)—albeit without tenable guidance.

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Commissioner of Conservation Issues Letter Addressing Emergency Measures to Help Louisiana Oil and Gas Industry

The Energy Law Blog

The impacts of COVID-19 have rapidly swept across the country and the globe. Coupled with the recent decline in oil and gas prices, many operators are left scrambling in an attempt to navigate unprecedented circumstances. With shutdowns and stay-at-home orders in place and regulatory deadlines looming, Louisiana operators are looking for guidance from regulators on how to proceed.

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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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SEC Gives Advisers Additional COVID-19 Regulatory Relief

The Energy Law Blog

The SEC announced on March 25, 2020 additional regulatory relief for investment advisers impacted by the Coronavirus. The SEC extended relief from May 15 until June 30, 2020 for filing an amendment to Form ADV Part 1A and the Brochure (ADV Part 2A) and related delivery obligations. [link]. The annual amendments for ADV are normally due March 30, 2020 for most firms.

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Maritime Industry COVID 19 Update

The Energy Law Blog

In response to the continuing COVID-19 epidemic, the United States Coast Guard, Centers for Disease Control and Prevention, U.S. Equal Employment Opportunity Commission, and U.S. Customs and Border Protection have issued a series of administrative guidelines or regulations broadly affecting international maritime commerce. In addition to this agency action, the AWO and other sectors of the maritime industry have voluntarily formulated several response plans aimed at protecting the nation’s vital

2020 40
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Delaware Corporations Can Rely On Federal Forum Provisions for ’33 Act Claims

The Energy Law Blog

Delaware corporations routinely include “exclusive federal forum” provisions in their charters and bylaws to designate federal courts as the exclusive forum for litigating claims under the Securities Act of 1933 (the “ ’33 Act ”). Corporations generally prefer to litigate these claims in federal court as state court is viewed as inefficient and more inclined to grant plaintiffs a summary judgment ruling.

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Federal Offshore Pipeline Decommissioning in BOEM Significant Sediment Resource Areas

The Energy Law Blog

In recent years, there has been an increase in the number of denials of applications to decommission offshore pipelines in place in a departure from the Bureau of Safety and Environmental Enforcement’s (“BSEE”) longstanding practices. The denials are accompanied by an order from BSEE to decommission the pipelines by removal, with reference to Notice to Lessees (“NTL”) 2009-G04 and/or “significant sediment resource areas” (“SSRA”) in the vicinity of the pipeline.

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SEC Gives Advisers COVID-19 Regulatory Relief

The Energy Law Blog

The SEC announced on March 13, 2020 that investment advisers affected by Coronavirus are exempted from filing an amendment to Form ADV Part 1A and the Brochure (ADV Part 2A) for up to 45 days. [link]. The annual amendments for ADV are due March 30, 2020 for most firms. In addition, the SEC exempted advisers affected by Coronavirus from the requirements to deliver amended brochures, brochure supplements or summary of material changes to clients where the disclosures are not able to be timely d

2020 40
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Increasing Scrutiny of Foreign Investment in the U.S.: BOEM Puts Companies on Notice of Potential CFIUS Review of Bids at Upcoming Federal Offshore Lease Sale

The Energy Law Blog

The Bureau of Ocean Energy Management (BOEM) recently issued an Information to Lessees (ITL) regarding the potential applicability of new regulations issued by the Committee on Foreign Investment in the United States (CFIUS) to bids at the upcoming March 18th federal offshore lease sale (Lease Sale 254), which will offer for lease all available, unleased acreage in the Gulf of Mexico region.

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Volume 21 Issue 3

Vermont Law

. Volume 21 Issue 3. .

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Louisiana and Texas COVID-19 Stay-at-Home Orders and Effects on State Courts

The Energy Law Blog

This article was updated on April 14, 2020. Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many courts in Louisiana and Texas have been forced to close or limit operations in conjunction with stay-at-home orders. A brief discussion of how COVID-19 has affected Louisiana and Texas courts is discussed here.

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Liskow & Lewis CARES Act Tax Analysis – Part II

The Energy Law Blog

On Friday, March 27, 2020, President Trump signed into law the CARES Act, which contains many provisions designed to mitigate the impact of the Coronavirus pandemic. Liskow & Lewis attorneys John T. Bradford and Jeffrey P. Birdsong wrote about four of those provisions which affected the implementation of the 2017 Tax Cuts and Jobs Act (“TCJA”) here.

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CARES Act Makes Significant Changes to Four Key Business Tax Provisions Enacted in the Tax Cuts and Jobs Act of 2017

The Energy Law Blog

On Friday, March 27, 2020, President Trump signed into law the CARES Act, which contains many provisions designed to mitigate the impact of the Coronavirus pandemic on businesses. Those provisions include the following four significant changes to the business tax provisions contained in the 2017 Tax Cuts and Jobs Act. Modifications to the Rules for Net Operating Losses For taxable years beginning after December 31, 2017 and beginning before January 1, 2021 (tax years 2018, 2019 and 2020, each an

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