As investors become more interested in incorporating sustainability into investment portfolios, many project proponents find that incorporating ESG into infrastructure planning provides a “leg up” in securing investors and financing. An ESG disclosure, or an “environment,” “social,” and “governance” framework designed to disclose risk, makes it easier for investors to match projects with their own sustainability goals. Continue Reading Project Proponents: Five Tips to Use ESG Criteria in Drawing More Infrastructure Investors

The D.C. Circuit handed down an opinion in Sierra Club v. EPA last month that tossed the Sierra Club’s challenge of a U.S. Environmental Protection Agency (EPA) rule from the Obama Administration. The result may be greater flexibility and reduced public oversight in state ambient air quality monitoring. Continue Reading D.C. Circuit Court Decision Signals Reduced Public Oversight in Air Quality Monitoring

Chicago has a long list of things to be proud of, but the current state of the city’s combined sewer system infrastructure is not at the top of that list. The Chicago Public Library reports that the sewer system dates back to the 1850s and currently installed pipes may be a century old. Continue Reading Chicago’s Stormwater Inundation Presents Green Infrastructure Opportunities for Business

Integrating green remediation and sustainable practices can accelerate site cleanups, reduce costs, lower emissions of greenhouse gases, and contribute to meeting state and local renewable energy standards. Commonly used technologies like pump and treat systems may be effective but are energy intensive and expensive to maintain. Continue Reading Tips and Tricks to Reduce the Environmental Footprint of Your Cleanup

Earlier this month, the SEC’s Division of Corporation Finance issued a no-action letter saying that ExxonMobil could exclude a shareholder proposal that called for the disclosure of specific greenhouse gas (GHG) emissions targets – specifically, targets that correspond with goals outlined in the Paris Climate Agreement. Continue Reading SEC Says No to Shareholder Proposal, But Climate Disclosure Disputes Are Here to Stay

With city after city setting 100 percent clean energy goals and states following in lockstep, opportunities are growing for renewable energy companies to develop utility-scale projects. Project development includes the need for energy infrastructure such as transmission lines, for example. Continue Reading Executive Orders Speed Infrastructure Permitting and Create Opportunities for Utility-Scale Renewable Projects

In separate decisions, a federal district court in Alaska recently struck down two Trump Administration efforts to roll back President Obama’s environmental initiatives. Taken together, these decisions signal that citizen suits can, in some sense, limit the ability of the administration to “deregulate.” To the regulated community, these decisions should serve as a warning that we continue to be in an ever-shifting legal landscape where individual decisions can buck the current deregulatory climate. Continue Reading Signs of Potential Trouble Ahead for Trump Administration’s Deregulatory Agenda

Strategic in-house counsel and court-watchers are keeping a close eye on developments related to the U.S. Supreme Court’s recent commitment to further address deference to administrative interpretation of regulations, a fundamental legal principle central to the regulated community. This practice of courts resolving close questions of statutory or regulatory interpretation in favor of “expert” agencies can cause significant ripple effects to industry profitability – especially when agencies’ regulatory interpretations change. Continue Reading Regulatory Watch: Supreme Court May Resolve Administrative Agency Deference Issue

Municipalities and other local governments do not have free rein when it comes to regulating the environment, and the Second Circuit’s recent decision in Vermont Railway, Inc. v. Town of Shelburne is a clear reminder of that fact.

Continue Reading Second Circuit Derails Municipal Ordinance Targeted at Railway Operations

Developing renewable energy on contaminated lands has proven to be both effective and cost-effective for companies pursuing a new solar or wind energy project. The utility-scale solar farm constructed on the 120-acre Reilly Tar & Chemical Corporation Superfund site is a great example, and there are thousands more that are ripe for redevelopment. Continue Reading Three Strategies to Develop Renewable Energy Projects on Potentially Contaminated Lands