Jeffrey R. Porter

Dec 17, 2024 | jdsupra.com | Jeffrey R. Porter

The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps of Engineers' "dredge and fill" permitting responsibilities under Section 404 of the Clean Water Act. Some of you might remember that the State of Florida was authorized to discharge this responsibility at the very end of the first Trump Administration. The Federal Courts reversed that authorization.

Nov 26, 2024 | jdsupra.com | Thomas Burton |Jacob H. Hupart |Jeffrey R. Porter

In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin moderates a forward-looking discussion on what businesses can expect for ESG, clean tech, and energy regulation under the second Trump administration. Jen is joined by Mintz Energy & Sustainability Chair Tom Burton, ESG Co-chair Jacob Hupart, Environmental Law Chair Jeff Porter, and Member Steven Shparber, who share key insights and practical advice for navigating potential changes.

Nov 4, 2024 | jdsupra.com | Jeffrey R. Porter

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional” properties with one acre or more of impervious surface in 65 cities and towns in the Massachusetts Charles, Neponset and Mystic River watersheds. This permit is a “treat” for the NGOs that have twice sued EPA to cause it to take this action.

Oct 17, 2024 | jdsupra.com | Jeffrey R. Porter

Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a “narrative standard” can be enforced in a Clean Water Act NPDES Permit.   When San Francisco first sought the Supreme Court's intervention in this case I predicted yet another loss for EPA in the Supreme Court.

Sep 4, 2024 | jdsupra.com | Jeffrey R. Porter

Allie Reed of Bloomberg Law has published a thought-provoking piece on the effect of legal challenges to offshore wind projects and the Justice Department's and developers' responses to those challenges. Some of us are old enough to remember that the Cape Wind project was continually attacked by NIMBYs from the time it was proposed in 2001 until its would-be developer finally threw in the towel in 2017.