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Companies reliant upon the use of rail services and commercial harbor craft at California’s ports should be interested in the State’s:

  • Increasing focus on utilizing zero emission technologies to reduce greenhouse gas emissions resulting from port-related operations; and
  • Provision of $6.6 million in available grants to “fund the design, integration, and demonstration of hydrogen fuel cell systems and hydrogen fueling infrastructure for locomotive and commercial harbor craft” operations

On July 31, 2020 (10:30-12:30 PDT), the California Energy Commission will be hosting a workshop to assist applicants in obtaining these funds.

Due to COVID-19, the Workshop is available on-line only at:

https://zoom.us/join

Meeting ID: 947 9266 2867
Meeting Password: 357152
Topic: GFO-20-604 Pre-Bid WorkshopContinue Reading California Energy Commission workshop on hydrogen fuel cell demonstrations in rail and marine applications at ports

In a historic act, U.S. EPA proposed the nation’s first-ever greenhouse gas (GHG) emissions standard for aircraft on July 21, 2020. (Proposed Rule). Once the Proposed Rule is published in the Federal Register, the public will have 60 days to submit comments. There will likely be significant push back from environmental groups on the Proposed Rule; so it may be important to provide industry comments, where appropriate. U.S. EPA has stated it is hoping to issue a final rule in 2021.
Continue Reading U.S. EPA takes historic action on aviation emissions

A group of 15 states and the District of Columbia agreed to collaborate on advancing and accelerating the market for electric medium- and heavy-duty vehicles, including large pickup trucks and vans, delivery trucks, box trucks, school and transit buses, and long-haul delivery trucks (big-rigs). The goal of this initiative is to ensure that 100 percent…

The California Air Resources Board (CARB) will conduct a public workshop later this month as it continues its efforts to expand the state’s development of the Clean Miles Standard (CMS). As was earlier reported, the CMS will require ridesharing companies, aka transportation network companies (TNCs), to account for, and reduce, the greenhouse gas (GHG)…

1. Pipeline May Cross Underneath the Appalachian Trail with Forest Service Approval

On June 15, 2020, the U.S. Supreme Court (SCOTUS) held in a 7-2 decision that the U.S. Forest Service had the authority to grant developers of a gas pipeline right-of-way underneath the Appalachian National Scenic Trail.

At issue in this case was whether the Forest Service or the National Park Service (NPS) had jurisdiction over the trail. Under the U.S. Mineral Leasing Act (MLA), the Forest Service does not have jurisdiction over “lands in the National Park System.” However, in order to establish the National Scenic Trail, the Forest Service gave the Department of the Interior (DOI) an easement on that land to create and maintain the Appalachian Trail. As a result, the question became: did the granting of an easement to create the Appalachian Trail make that land a part of the National Park System?Continue Reading ICYMI: June sees major U.S. Supreme Court environmental activity

The California Air Resources Board (CARB) will conduct a public Board hearing later this month as it continues its efforts to expand the state’s existing Ocean-Going Vessels At-Berth Regulation to further reduce air emissions from ships docked in California. As earlier reported, CARB recently released further modifications to the at-berth rulemaking documents (15-day change).…

The European Commission has recently launched a public consultation on the proposed review of the EU Waste Shipment Regulation (WSR) (EU Regulation No 1013/2006).

The current WSR regulates the transboundary movement of waste and establishes a strict control regime for the shipment of waste between EU Member States and non-EU countries, and the transport of waste within the EU, in accordance with international laws (i.e., the Basel Convention).

The review initiative is in accordance with the policy objectives of both the European Green Deal and the new EU Circular Economy Action Plan, which emphasize the need to review the EU rules on the transboundary movement of waste, in particular the export of waste outside of the EU and the movement of waste for recycling or preparation for reuse within the EU. In accordance with the proposed review, the European Commission has identified the need to address the following issues:Continue Reading European Commission review of the EU Waste Shipment Regulation

On April 15, 2020, a federal district court in Montana issued an order vacating the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit (NWP) 12 under the federal Clean Water Act (CWA) due to the Corps’ failure to meet its obligations under the federal Endangered Species Act (ESA). The court remanded NWP 12 to the Corps for compliance with the ESA. In the meantime, however, the court prohibited the Corps from permitting “any dredge or fill activities under NWP 12 pending completion of the consultation process and compliance with all environmental statutes and regulations.”Continue Reading Montana federal court vacates Nationwide Permit 12 for pipelines and other linear projects

Last Friday, April 17, the attorneys general of New York, Pennsylvania, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Virginia, Washington, and Wisconsin filed a comment letter with the U.S. Environmental Protection Agency (EPA) urging the agency to take more comprehensive actions regarding per-fluoroalkyl and poly-fluoroalkyl substances (collectively, “PFAS”), stating “the final rule should be broadened to more effectively serve the goals and mandates of the Toxic Substance Control Act (TSCA) to prevent exposures to harmful substances before they are introduced into the marketplace.” Specifically, the attorneys general urge EPA to strengthen the supplemental proposal by: (1) including the entire chemical family of long-chain PFAS rather than the subset of these chemicals proposed in the Supplemental Proposal; (2) in accordance with its initial proposal, adopting a final rule that applies to articles containing long-chain PFAS anywhere in the article and not only to those articles in which PFAS are contained within the surface coatings; (3) applying the rule to the processing of articles and not just to the importing of them; and (4) disallowing any carve outs to the requirement to notify EPA for de minimis amounts of PFAS covered by the rule.
Continue Reading In the midst of COVID-19, attorneys general of 18 States urge stronger EPA Action on PFAS