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Recent Environmental Law Articles

11Nov, 2019

What You Can Say about RECs is Regulated by the FTC

By |Monday, November 11th, 2019|Categories: Environmental Law|

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from ...

4Nov, 2019

An HREC is Not a REC in a Phase I Environmental Site Assessment

By |Monday, November 4th, 2019|Categories: Environmental Law|

I review a large number of Phase I environmental site assessments, and year in, year out, the largest number of questions I field are about Historical Recognized Environmental Conditions. The environmental professionals who perform those assessment generally do not take heed of Eduardo Galeano’s quote, ...

27Oct, 2019

FTC Finds Truly Organic is Not

By |Sunday, October 27th, 2019|Categories: Environmental Law|

By way of a federal court order that became final last month, Truly Organic Inc. and its founder will pay $1.76 million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” ...

20Oct, 2019

Government to Allow Less Lead in Drinking Water

By |Sunday, October 20th, 2019|Categories: Environmental Law|

EPA is expected to publish this week in the Federal Register the first proposed regulatory revisions to the National Primary Drinking Water Regulation for lead in more than 30 years. The United States has made tremendous progress in lowering children’s blood lead levels (.. children ...

13Oct, 2019

ESG Disclosure Simplification Act Passes Committee But Will Fail

By |Sunday, October 13th, 2019|Categories: Environmental Law|

On September 20, 2019, the Financial Services Committee in the U.S. House of Representatives passed H.R. 4329, the ESG Disclosure Simplification Act of 2019. The bill would require all public companies to disclose “environmental, social, and governance [ESG] metrics” as material information about the company. ...

6Oct, 2019

LEED Offers Companies a Response to Declining Bird Populations

By |Sunday, October 6th, 2019|Categories: Environmental Law|

In response to a much publicized new study on North American bird populations that appeared in the journal Science last month, we received a significant number of inquiries from businesses about what an appropriate response might be from a responsible company? The study found “cumulative ...

15Sep, 2019

EPA Rolls Back Proposed “Waters of the United States” Definition

By |Sunday, September 15th, 2019|Categories: Environmental Law|

Last Thursday the EPA and Department of the Army announced that the agencies are repealing a 2015 rule that had proposed to expand the definition of “waters of the United States” under the Clean Water Act. Despite claims from some activists that “the sky is ...

8Sep, 2019

Radon Caused More Than 21,000 Deaths Last Year

By |Sunday, September 8th, 2019|Categories: Environmental Law|

Radon causes more than 21,000 lung cancer deaths in the U.S. every year. Despite that it is totally preventable, radon is the number one lung cancer killer in nonsmokers. Radon is widely described as the primary source of indoor and household air pollution in the ...

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