Gravel2Gavel Construction & Real Estate Law Blog
In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty diapers as a building material, and so much more.
Articles Posted in Environmental
Social Cost of Carbon Gets the Greenlight
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In “Fifth Circuit Permits the Use of the Social Cost of Carbon, for Now,” Anne Idsal Austin and David M. McCullough examine the court’s decision to allow the Biden administration to further develop the Social Cost of Carbon (SCC) but to leave open the possibility of future judicial scrutiny of its implementation.
New Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for All
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The White House has released the text of the President’s new Executive Order strengthening the Federal Government’s commitment to taking new actions to enhance and promote environmental justice. The Order was published in the Federal Register on April 26, 2023 at 88 FR 25251. President Clinton’s pioneering 1994 Executive Order remains effective, but the Federal Government must, as part of a whole-of-government approach to environmental justice, “build upon and strengthen its commitment to deliver environmental justice to all communities across America.”
Real Estate & Construction News Roundup (04/26/23) – The Energy Transition and a Bit of Brick-and-Mortar Blues
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In today’s roundup, Americans can buy homes with bitcoin, new tech aims to engineer a novel building material, federal investments boost the coastline (and construction sales), and more.
Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns
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In today’s roundup, construction waxes and wanes, energy goals are set, and concerns abound for the commercial real estate market in the United States and Europe.
Seeking Certainty: Redefining “Waters of the United States”
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Making good on a promise to redefine the Clean Water Act (CWA) term, “Waters of the United States” or WOTUS, on January 18, 2023, the latest revised definition of “Waters of the United States” was published in the Federal Register by the U.S. Army Corps of Engineers (ACOE) and the Environmental Protection Agency (EPA) at 86 FR 3004. The effective date of this rule was on March 20, 2023. Remarkably, this action marks the fourth time in eight years that these agencies have attempted to craft a workable definition of WOTUS and thereby affect far-ranging impacts on everything from infrastructure and agriculture to private land use. While the agencies indicate that the newly redefined WOTUS is, in many ways, a return to the longstanding regulatory regime, there are several notable changes.
Read more in Seeking Certainty: Redefining “Waters of the United States” by Anthony B. Cavender and Ashleigh Myers.
Executive Order 14091 and the EPA’s Amended Emergency Response Policies
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Recently, two Federal policies have been released that could have a significant effect upon environmental remediation and the emergency response procedures and policies of the Environmental Protection Agency (EPA). The recent train derailment in Palestine, Ohio, may bring them into sharper focus. The regulated community may find it useful to take notice of these directives.
“Groundbreaking” SEC Complaint Accuses Oil Major of Greenwashing Its Investment Reporting
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In a “groundbreaking” complaint, environmental NGO Global Witness asked the Securities and Exchange Commission (SEC) Climate and ESG Task Force to investigate oil major Shell for possible violations of federal securities laws. The complaint, filed this February, alleges Shell misled its investors by including some of its gas-related spending in its “Renewables and Energy Solutions” (RES) reporting segment. Global Witness claims that, while Shell reports spending 12% of its annual expenditures on RES ($2.4 billion), removing expenditures related to integrated power, hydrogen, and carbon capture and storage reduces that percentage to only 1.5% ($288 million).
A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions
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If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent significant matters decided by the Federal Courts.
A Court-Side Seat: An End-of-Year Environmental Update
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As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings.