The Internal Revenue Service (IRS) recently issued Notice 2024-30, which modifies guidance previously issued relating to the energy community “adder” for the investment tax credit and the production tax credit ..read more

Greenberg Traurig is proud to be a sponsor and a member of the planning team for the Pennsylvania Bar Institute’s Annual Environmental Law Forum, taking place April 10-11, 2024. As a gathering ground for attorneys in private practice and public service, engineers, consultants, professors, and scientists, this event facilitates learning, networking, exchanging, and debating current policy, climate and technical issues, litigation trends, and development and infrastructure.  GT attorneys and leadership will lead a number of sessions at this annual two-day CLE and networking gathering of the ..read more

In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP). 40 CFR Part 68. (“Transloading” refers to movement of goods and commodities across different modes of transportation: for example, rail to truck, or truck to ship.) The new rule aims to reduce the frequency and severity of accidents by revising chemical process safety to require regulated facilities – covering 11,740 r ..read more

The Inflation Reduction Act, Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), among other things creates tax incentives for clean energy development. The IRA enhances those tax credits for energy projects located on a “brownfield.” That enhancement will increase development pressure on “brownfield” sites. There may be some confusion over how “brown” a “brownfield” has to be to qualify, but just the label connotes an increased risk of residual liability to those associated with the site to clean up contamination. Therefore, these tax provisions create a demand for the conventional environme ..read more

Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that they ought to bear some specific equitable share of the total responsibility. Often, the plaintiff has brought the case even though the plaintiff has not paid a very significant portion of the total costs, has not committed to pay a significant portion of the costs, and has not been adjudicated responsible for anything. Why does that private plaintiff get to trigger allocation litigation? Reprinted with ..read more

Governor Kathy Hochul’s Executive Budget proposal (the Transportation, Economic Development, and Environmental Conservation budget bill (A.8808/S.8308)) includes two pivotal energy proposals: the Renewable Action Through Project Interconnection and Deployment Act and the Affordable Gas Transition Act. The Governor is seeking to advance the achievement of the ambitious emissions reduction and renewable energy procurement mandates set forth in the landmark Climate Leadership and Community Protection Act (CLCPA). This post summarizes the key provisions of these proposals and discusses their poten ..read more

Please join Greenberg Traurig, IDE Technologies, and several distinguished panelists for insightful presentations, interactive discussions, and enriching experiences as we examine the path to a more sustainable and efficient water future. The event “Solving Today’s Water Infrastructure Challenges – Forever Chemicals, Water Plant Innovation, and More” will be held at GT’s Miami office Feb. 12, 2024, and will include presentations from GT Shareholders Kerri L. Barsh, Albert A. del Castillo, and Robert L. Grossman. Registration begins at 8:30 a.m. and presentations will run throughout the da ..read more

Kerri L. Barsh and Christopher J. Neumann, co-chairs of GT’s Environmental Practice, were interviewed for a Law360 Real Estate Authority article titled “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.” Click here to read the full article, “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.” (subscription required ..read more

You are reading this column in the first days of 2024. This might be an apt opportunity in the “environmental practice” column to consider what we environmental lawyers ought to resolve to do to elevate our practices in the new year. My observations are no more profound than anyone else’s. But as I begin my fifth decade in this line of work, I feel at least moderately comfortable playing the grizzled but I hope not yet hoary—veteran. Reprinted with permission ..read more

The Internal Revenue Service (IRS) opened the portal for taxpayers to register for elective payment (under Section 6417 of the Internal Revenue Code (Code)) or transfer (under Section 6418 of the Code) for the ITC, PTC, and other eligible federal income tax credits. Along with the registration portal, the IRS provided a user guide and instructional video to help taxpayers register ..read more