Duane Morris Energy and Environmental Blog

February 9, 2023February 10, 2023 by Duane Morris

Survey Indicates Future of International Energy Arbitration

Queen Mary University of London has undertaken a major International Arbitration Survey, focusing on the energy sector entitled “Future of International Energy Arbitration, Survey Report 2022”. This was led by Professor Loukas Mistelis FCArb^[1] and his team. The Survey was based on feedback from over 900 respondents from a diverse range of jurisdictions, end users, leading practitioners, arbitrators and experts, as well as arbitral and academic institutions.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris International Arbitration Blog.

January 12, 2023 by Seth v.d.H. Cooley

In-situ PFAS Groundwater Remediation: A Good Test Case

Much is being discussed today about the prevalence of PFAS (per- and polyfluoroalkyl substances) in groundwater, the potential health effects of exposure to PFAS in groundwater, and the development of groundwater cleanup standards by USEPA and state environmental protection departments. Less discussed (at least in the news media) is the subject of remediation. Notwithstanding the inference of the “forever” label, can these chemicals be effectively remediated, in-situ, in groundwater?

Answering this question may be aided by a remediation pilot study being undertaken at a PFAS site in East and West Rockhill Townships, Bucks County, Pennsylvania – the Ridge Run PFAS Site. Ridge Run became a state superfund site (under Pennsylvania’s Hazardous Sites Cleanup Act (“HSCA”), 35 P.S. §§ 6020.102-6020.1303) in 2016 when a combined concentration of PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonate) exceeding the United States Environmental Protection Agency’s (EPA) then-applicable Health Advisory Level (HAL) (70 parts per trillion) was discovered in a public water supply well. Continue reading “In-situ PFAS Groundwater Remediation: A Good Test Case”

June 7, 2022 by W. Patrick Dinnin

Enforcement of New Solar Panel Tariffs Delayed in Move to Boost Industry

On June 6, 2022, President Joe Biden signed an order that will exempt Southeast Asian nations from any new tariffs on solar panels for two years in order to alleviate concerns about the crippling effects of an ongoing Commerce Department investigation into whether manufacturers of solar panel components in Southeast Asia are being used to circumvent U.S. tariffs on Chinese solar companies. Biden will also invoke the Defense Protection Act to drive U.S. manufacturing of solar panels and other clean energy technologies in the future, with the support of loans and grants. If production ramps up as expected, the administration expects domestic solar manufacturing to triple by 2024.

To read the full text of this Alert by Duane Morris attorneys Brad Thompson and Patrick Dinnin, please click here.

March 31, 2022 by Duane Morris

The Invisible Enemy is Cybercrime (UK Construction)

Cyber fraud is a real and present danger across almost all industry sectors, and the construction sector is not immune as our recent article demonstrated. According to the FCA there has been a jump of 52% in incident reports and recent global conflict may possibly increase this threat.

One of the primary types of fraud affecting the construction industry is the prevalence of payment diversion fraud. It is estimated that contractors pay out around £100m per year in fake invoices. In some cases, a single instance of payment diversion fraud can amount to millions of pounds. In such cases it is easy to see how the fraud would place intolerable pressure on the cash flow of a business and in extreme instances even lead to insolvency. In an industry already under pressure through factors such as super-inflation and rising energy costs, fraud is yet another unwelcome factor which can be detrimental to cash flow on a project.

To read the full text of this post by Matthew Friedlander, Chris Recker and Sam Laycock, please visit the Duane Morris London Blog.

March 21, 2022 by Duane Morris

North Carolina Seeks to Face Climate Change with Head in the Sand

As Florida’s “Don’t say gay” bill (SB 1834) occupies the front pages of many media outlets today, one is reminded of an earlier (2012) state legislative exercise in prohibiting engagement with reality: North Carolina’s “Don’t say climate change” bill (H819).Unhappy with the perceived prospect of dampened economic development resulting from the state’s Coastal Resources Commission estimating that the sea level would rise by 39 inches in the next century, the state legislature chose to bury the state’s head in the sand. It passed a bill prohibiting the state’s coastal management and environmental agencies from defining the rate of sea level rise for regulatory purposes for the next four years. (“The Coastal Resources Commission and the Division of Coastal Management of the Department of Environment and Natural Resources shall not define rates of sea-level change for regulatory purposes prior to July 1, 2016.”)

Well, the climate didn’t care. Based on a 5-year report newly released by NOAA (full NOAA report), the estimate generated by NC’s Coastal Resources Commission has proven to be very much on target.

To read the full text of this post by Seth v.d.H. Cooley, visit the Environmental, Social and Governance Blog.

February 11, 2022 by Duane Morris

The Cyber Threat to the Energy, Construction and Engineering Sectors

Construction, energy and engineering companies have lagged others in taking steps to protect themselves from the growing number of cyber-attacks, and failing to take preventive measures can lead to expensive litigation.

To read the full text of this article by Duane Morris attorneys Vijay K. Bange and Chris Recker, please visit the firm website.

January 27, 2022 by Duane Morris

UK: Construction and Engineering Sector Face Limitations on Use of Red Diesel

Glasgow and COP26 resulted in various commitments from global economies to work towards targets in the reduction of greenhouse gas emissions. The UK is to target the reduction of greenhouse emissions to net zero by 2050.

However, even prior to COP26 there were already legislative changes afoot to have cleaner air. The Finance Bill 2021, and the associated secondary legislation, as part of the government’s plans to reduce carbon emissions, has the effect of restricting the usage of red diesel after April 2022.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

January 18, 2022 by Duane Morris

Achmea Decision Fallout in the UK

In the Achmea case the Court of Justice of the European Union (ECJ) held that Article 8 of the Netherlands – Slovakia bilateral investment treaty, which allowed for the resolution of disputes by way of arbitration, was incompatible with EU law. The rationale for the decision was that a tribunal may have to interpret or apply EU law and where a question of law arose, unlike a Member State court, that question of law could not be referred to the ECJ. In other words, intra-EU bilateral investment treaty arbitration provisions, as reasoned by the ECJ, deprived the EU courts of jurisdiction in respect of the interpretation of EU law.

We raised the prospect that the ramifications from the decision were potentially far reaching and were not, it seemed, confined to the BIT between Netherlands and Slovakia.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Matthew Friedlander, please visit the Duane Morris London Blog.

December 20, 2021 by Duane Morris

Beware, Intra-EU Bilateral Investment Treaties May No Longer Offer Investment Protection

The impact and uncertainty caused by the Achmea case on investor state dispute settlement provisions contained in intra-EU Bilateral Investment Treaties continues. These issues are potentially far reaching and may extend further than originally envisaged, namely that this case was arguably specific to the BIT between Netherlands and Slovakia.

To read the full text of this blog post by Duane Morris attorneys Vijay Bange and Matthew Friedlander, please visit the Duane Morris London Blog.

December 20, 2021 by Phyllis J. Kessler

New York City Enacts Gas Ban for New Buildings

On December 15, 2021, the New York City Council passed a bill prohibiting the Department of Buildings from issuing a construction permit for any new building that burns any fuel that emits more than 25 kilograms of carbon dioxide per million BTUs. The revised bill is directed in particular to the burning of natural gas for heating and hot water. The passed bill reflected a compromise among parties who supported and parties who opposed the last version, a much more restrictive bill (see our November 23^rd alert titled “New York on the Path to Requiring All-Electric Buildings,” commenting on the original bill). The passed bill eliminates the requirement found in earlier versions to ban gas use in renovated buildings, unless such renovation requires a new building permit, and moves out the effective date for gas-burning prohibition for buildings taller than seven stories.

For all new buildings that are less than seven stories, the ban becomes effective on January 1, 2024, except that new buildings where 50% or more units constitute affordable housing will have until January 1, 2026 for the ban to apply. For buildings that are seven stories or higher, the ban takes effect after July 1, 2027 and for affordable housing after December 31, 2027. Exceptions will be made where use of natural gas or another substance emitting carbon in excess of 25 kilograms per million BTUs is necessary for manufacturing, operation of a laboratory, laundromat, hospital, crematorium, commercial kitchen or for emergency or standby power.

The bill is intended as a companion to Local Law 97, which provides for significant penalties if New York City buildings do not comply with mandates to reduce emissions according to the schedule set forth therein. Currently in New York City, buildings are responsible for approximately two-thirds of the harmful emissions that result in poor air quality and impact the climate.

Mayor Bill de Blasio is expected to sign the bill or allow it to lapse into law. Reports indicate that Mayor-elect Eric Adams supports this initiative.