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Articles Posted in Environmental

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A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court Michael Sackett, et ux., v. Environmental Protection Agency The Supreme Court’s 2022 term began on October 3, 2022, with this important oral argument. For…

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Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation

On Friday, August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication notice of a long-awaited proposed rule to designate two of the most-studied per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In an accompanying statement,…

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Real Estate & Construction News Round-Up (09/07/22) – Futuristic Cities, Shifting Housing Demand, and Rent Control

This week’s round-up addresses the shift in housing demand, efforts of apartment complexes to become more eco-friendly, plans for “cities of the future,” and more. Home prices spiked an unprecedented 43% in just over two years since the pandemic began, but the increases in mortgage rates have resulted in a…

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The Administrative Procedure Act and the Evolution of Environmental Law

Enacted in 1946, the Administrative Procedure Act (APA) has provided a lasting framework for federal agency rulemaking and adjudication, as well as establishing the power of the federal courts to exercise judicial review over these actions of the federal bureaucracy. The APA is codified at 5 U.S.C. §§ 551–559, and…

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Superfund Chemical Taxes Reinstated

Section 80201 of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, reinstates the long-expired federal excise taxes that are imposed on specified chemical substances used in common industrial applications pursuant to Sections 4661 and 4671 of the Internal Revenue Code. The effective date of this reinstatement is…

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Real Estate & Construction News Round-Up (05/11/22)

The supply of homes for sale is on the uptick, the White House releases a plan to improve the permitting process for infrastructure projects, cryptocurrency opens the door to a new class of property owners, and more. Though the number of active listings is still down 67% from pre-pandemic levels,…

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Developments in Energy and Environmental Regulation: The View From Austin

Pillsbury’s Anne Idsal Austin moderated a Federal Bar Association (Houston Chapter) panel discussion with Erin Chancellor, Director of Legal Services at the Texas Commission on Environmental Quality (TCEQ), and Sam Gammage, General Counsel of the Texas Chemical Council (TCC), on Monday, April 18. The panelists brought to bear their regulatory,…

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Real Estate & Construction News Round-Up 04/13/22

Phishing schemes target the mortgage industry, housing prices rise in Europe as Ukrainian refugees flee from their home country, the SEC announces new climate change regulations that will impact commercial real estate, and more. The Federal Reserve aims to rein in one of the biggest drivers of runaway inflation: the…

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NEPA’s Evolution During the Biden Administration

As our readers know, any construction project associated with a federal agency such as the Department of Transportation or Federal Transit Administration must comply with the requirements of the National Environmental Policy Act (NEPA). In Quicker But Less Dirty: The Biden Administration Both Streamlines and Seeks to Expand NEPA Environmental…