Don Elliott, co-chair of the firm’s Environmental Practice, has over 30 years of experience in environmental and energy law. He served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA) and teaches courses on both energy policy and environmental law at Yale Law School.
Amid all of the controversy surrounding President Trump’s Executive Order suspending immigration from seven countries, and his nomination of Judge Neil Gorsuch to the Supreme Court, another executive order that may be at least as significant in the long run to reining in the administrative state has not received much attention. The Executive Order on … Continue Reading
Electricity consumption in the United States has generally declined in recent years, due in part to the quiet success of several energy efficiency standards. In 2013, for instance, the average amount of electricity used in American homes fell to 2001 levels, despite consumers using more products that require electricity. Building on this success, the U.S. … Continue Reading
Nobel Prize-winning economist Amartya Sen recently decried “the failure to develop a framework for assessing the comparative costs of different sources of energy . . . inclusive of the externalities involved.” As if on cue, the European Union (EU) issued an interim research report by an outside consultancy last month that purported to do just … Continue Reading
In a move designed to provide greater certainty to those purchasing, selling, or evaluating industrial or commercial properties, the Environmental Protection Agency (EPA) recently proposed to remove any lingering effect of ASTM International’s E1527-05, a nine-year-old industry standard practice for evaluating potentially contaminated sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As … Continue Reading
As reported in our blog post of last week, the Commerce Department Bureau of Industry and Security (“BIS”) recently determined in two private classifications that lease condensate — a type of stabilized and distilled light crude oil — is not subject to the United States’ broad ban on crude oil exports. BIS has for years … Continue Reading
A divided Pennsylvania Supreme Court invalidated portions of a law designed to encourage economic development through hydraulic fracturing (commonly known as “fracking”). Robinson Township v. Pennsylvania Public Utility Commission (December 19, 2013). The case involved challenges to a recently-enacted commonwealth law known as “Act 13,” which was intended to promote energy projects involving fracking by … Continue Reading