Legal Environmental Insights

GT attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State's cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization.   The program is expected to help New York meet the requirements of the 2019 Climate Leadership and Community Protection Act of cutting greenhouse gas emissions 40% by 2030 and at least 85% by 2050, both below 1990 levels. Large-scale greenhouse gas emitters and distributors of heating and transportation fuels will be required to purchase allowances for emissions. The state says the cap-and-invest program will incentivize consumers, businesses, and others to transition to lower-carbon alternatives. It calls for electrifying nearly everything — from buildings to vehicles with a mix of mandates and incentives.

In this episode of Greenberg Traurig's E2 Podcast, Steven Russo, co-chair of the firm's Environmental Practice and Chair of its New York Environmental Practice, is joined by Todd Kaminsky, Shareholder, and Jane McLaughlin, Of Counsel, in Greenberg Traurig's Government Law & Policy Practice to discuss the New York State Climate Action Council's adoption of the final scoping plan, which will serve as a roadmap to achieve the climate change mandates set forth in New York's landmark climate law – the Climate Leadership and Community Protection Act (CLCPA).

In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum's conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations, they discuss fault and when it may trump cost causation, “transactional fairness,” use of contracts experts, cooperation, and recalcitrance.

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a discussion of how Superfund allocation problems are resolved and what is meant by “fairness” in them. The conversation is in the context of allocation disputes under the federal Superfund statute – the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

With President Joe Biden's prioritization of Environmental Justice issues, Greenberg Traurig Shareholders Maribel Nicholson-Choice and Libby Stennes discuss the U.S. Environmental Protection Agency's historical and current definition of Environmental Justice, steps for corporations to protect their brands, and how to effectively work with communities and stakeholders.

This episode is part two of a two-part series that focuses on the US and European federal and state governmental roles in hydrogen development with Greenberg Traurig attorneys, Marijn Bodelier of Amsterdam, Martin Borning of Berlin, Pietro Caliceti of Milan, and the firm's Energy Practice Co-chair Bill Garner. Special guests include Heike Bernhardt of the German engineering firm of DEEP.KBB of Hanover, Frederik de Vries from Dutch consulting firm, Rebel Group, of Rotterdam, and Katrina Fritz, the Executive Director of the California Stationary Fuel Collaborative in the United States. They discuss US federal and state policies, as well as European Union and Dutch policies regarding hydrogen.

This episode is part one of a two-part series that focuses on the US and European federal and state governmental roles in hydrogen development with Greenberg Traurig attorneys, Marijn Bodelier of Amsterdam, Martin Borning of Berlin, Pietro Caliceti of Milan, and the firm's Energy Practice Co-chair Bill Garner. Special guests include Heike Bernhardt of the German engineering firm of DEEP.KBB of Hanover, Frederik de Vries from Dutch consulting firm, Rebel Group, of Rotterdam, and Katrina Fritz, the Executive Director of the California Stationary Fuel Collaborative in the United States. They discuss US federal and state policies, as well as European Union and Dutch policies regarding hydrogen.

The first episode in Greenberg Traurig's 2022 Evolving Environmental Law Series, addresses the New Environmental Rights Amendment to the New York Constitution.  The Amendment was recently enacted and will go into effect in January of 2022. It is a very short provision, but has the potential, as we're going to discuss, to provide a fair amount of uncertainty and questions about what it exactly is going to mean for New Yorkers.

Tune in for analysis from Greenberg Traurig shareholders Bernadette Rappold and Christopher Torres on some of the most significant environmental enforcement, litigation, and agency decisions and actions in 2020. They review the EPA’s National Compliance Initiatives and outline key takeaways from notable civil and criminal cases and settlements involving the Toxic Substances Control Act, the Clean Water Act, the Clean Air Act, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Resource Conservation and Recovery Act. They also break down two notable environmental Supreme Court rulings and what those decisions mean to the legal practitioner.

Greenberg Traurig Shareholder Bernadette Rappold and her guest, Travis Kline, Geosyntec’s Senior Principal Toxicologist, discuss the Federal Insecticide, Fungicide, and Rodenticide Act or FIFRA. Listen as they offer tips and pointers for bringing disinfectants to market – especially in light of the COVID-19 pandemic. They also discuss what to avoid and provide suggestions for navigating the highly data-dependent steps through this complex regulatory process of registration, permits, labeling, testing, and application submission. 

With former Vice-President Joe Biden declared President-Elect on Nov. 7, 2020, Greenberg Traurig Shareholders Steven C. Russo and Zackary D. Knaub discuss how the new administration may impact energy and environmental law in New York. The two discuss how Biden's election could unleash a flurry of new infrastructure projects, prioritize climate change and renewable energy, and increase enforcement of environmental law and regulations in the state.

Host Steve Russo interviews Julie Tighe, President of the New York League of Conservation Voters, about the latest legislation for renewable energy siting in New York. The two discuss Article 10, New York’s new energy siting law passed in 2011, and the new Accelerated Renewable Energy and Community Benefits Act, proposed in early 2020 by Governor Cuomo to address the issues of Article 10 and to help meet the State’s ambitious climate goals. This is the latest episode of Empire Environmental, a mini-series of Legal Environmental Insights.

In part 5 of the Getting Through mini-series, Shareholder Michael A. Nicodema discusses equestrian law,  its intersections with environmental law, industry-specific challenges and legal issues arising during the COVID-19 pandemic, and how the industry and Greenberg Traurig’s industry team have adapted during the COVID-19 pandemic. Environmental Shareholder Bernadette M. Rappold hosts the episode.

GT Shareholders Zackary D. Knaub and Steven C. Russo explore states’ authority to issue, deny or attach conditions to “water quality certification,” under the Clean Water Act, and the recent EPA rule aimed at reducing the states’ ability to use this authority to block controversial interstate infrastructure projects, such as fossil fuel pipelines.

GT Shareholders Howard L. Nelson and Steven C. Russo discuss the application of NEPA to energy projects, review changes to NEPA regulations recently implemented by the Council on Environmental Quality (CEQ), and review the influence of climate change on environmental impact statements. 

In episode four, Shareholder Michael T. Taylor discusses myriad occupational health and safety considerations as employers reopen their businesses and restart operations. Taylor, who serves as chair of Greenberg Traurig’s Occupational Safety and Health Practice, focuses on the factors that may influence a business’s decision to select and implement appropriate control measures. Environmental Shareholder Bernadette M. Rappold hosts the episode.

Greenberg Traurig Environmental Shareholder Bernadette Rappold interviews her colleagues, Jillian Kirn and Candee Wilde, about the environmental compliance regulations companies should consider if they intend to shift their production. process. Visit www.gtlaw.com/environmental for more information.  

Every so often, practitioners need to reevaluate where the environmental legal market is going to help direct all sorts of practice and personal development efforts. Now, in the middle of the shock created by the COVID-19 response, might be one of those times for reevaluation. When we all get back to the office, what will we be doing?

Greenberg Traurig Shareholder Bernadette Rappold is the host of the Legal Environmental Insight’s mini-series, Getting Through, addressing environmental concerns in light of the COVID-19 pandemic. In Episode 1, Bern discusses the recent EPA announcement granting enforcement discretion for virtually all civil violations of federal environmental laws during the COVID-19 pandemic.