After a nearly two-week trial to Court, on June 20, 2023, the parties in Held v. Montana presented closing arguments in the first climate change case of its kind to go to trial. Although the timing of the decision is uncertain, State District Judge Seeley will now take the matter under advisement, review the evidence,... The post Climate Change Trial Concludes. Held v. Montana Now in the Hands of Judge Seeley appeared first on Spencer Fane LLP ..read more

In a landmark decision issued May 25, 2023, the U.S. Supreme Court jettisoned a judicial rule on the scope of the Clean Water Act’s applicability that had been used to justify an expansive exercise of authority by federal agencies regulating certain wetlands under the Act. The ruling significantly curtails the jurisdiction of the U.S. Environmental... The post Supreme Court Limits Reach of Clean Water Act Over Wetlands, Leaving Questions for Owners and Developers appeared first on Spencer Fane LLP ..read more

A first-of-its-kind climate change trial will start in a Montana State District Court on June 12, 2023. It will be the first involving a climate change suit premised on the Public Trust Doctrine and challenges pursuant to a state’s Constitution. The Youth Plaintiffs The 16 young activist plaintiffs, which the district court refers to as... The post Climate Change, the Public Trust, and Constitutional Challenges in Montana: the First Trial Addressing the “Right” to a Clean and Healthful Environment Starts June 12 appeared first on Spencer Fane LLP ..read more

That portion of the power sector that includes the combustion of fossil fuels in electric generating units (EGUs) is the largest stationary source of greenhouse gases (GHGs) in the United States and was responsible for emitting 25 percent of the overall domestic carbon emissions in 2021. On May 11, 2023, pursuant to the authority of... The post Power Plants Face New Greenhouse Gas Standards appeared first on Spencer Fane LLP ..read more

In a report released April 5, 2023, the Global Energy Monitor (GEM) produced its’ ninth annual survey of the “coal plant pipeline.” While the amount of planned coal-fired power plant capacity in developing countries fell by 23 gigawatts (GW), China’s planned capacity overpowered that reduction by over five times, i.e., 126 GW. Since the Paris... The post Net Zero Ever More Problematic: Global Coal-Fired Power Capacity Went Up in 2022 / China’s Increase Overpowers the Rest of the World appeared first on Spencer Fane LLP ..read more

Released on March 20, 2023, the Climate Change 2023: Synthesis Report was prepared by 93 authors and is based on the work of hundreds of scientists in the sixth assessment cycle of the United Nations’ Intergovernmental Panel on Climate Change (IPCC). The IPCC publishes comprehensive scientific assessments every six to seven years. The previous Fifth... The post U.N. Report on Reducing Greenhouse Gas Emissions: Multiple, Feasible, and Effective Options appeared first on Spencer Fane LLP ..read more

On March 15, 2023, the U.S. Environmental Protection Agency (EPA) issued its final Good Neighbor Plan addressing reductions in ozone-forming emissions of nitrogen oxides (NOX) from power plants and industrial facilities.  The new rule will restrict smokestack emissions in 23 states that impact other states downwind from the source. The objective is to assist downwind states... The post Interstate Air Pollution Transport From Power Plants and Industrial Facilities. EPA’s Good Neighbor Rule Addresses Ground-Level Ozone appeared first on Spencer Fane LLP ..read more

On March 14, the United States Environmental Protection Agency (EPA) proposed the first federally enforceable drinking water limits for members of the widely used family of compounds commonly known as PFAS. EPA is proposing drinking water maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS). The levels for two common constituents, PFOA and PFOS,... The post Environmental Protection Agency Proposes First Federal Drinking Water Limits for PFAS appeared first on Spencer Fane LLP ..read more

On January 23, the Center for Biological Diversity made good on its threat to sue EPA for its approval of Colorado’s State Implementation Plan (SIP) amending the state’s programs for New Source Review and Air Pollution Emission Notices. See Petition for Review filed in the Tenth Circuit Court of Appeals here. The Center had submitted... The post Air Quality Lawsuit Filed in Colorado Targets Ozone and Oil and Gas Production appeared first on Spencer Fane LLP ..read more

EPA’s Final Rule approving the ASTM E-1527-21 is effective as of Monday February 13, 2023, meaning that the updated standard may now be used to satisfy All Appropriate Inquiry (AAI). This is an important development for property purchasers seeking to qualify for the bona fide prospective purchaser (BFPP) safe-harbor defense to historic property liability under... The post ASTM’s 2021 Update to the Phase I Standard Now Satisfies All Appropriate Inquiry appeared first on Spencer Fane LLP ..read more