E2 Law Podcast

GT attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State’s cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization.  

The program is expected to help New York meet the requirements of the 2019 Climate Leadership and Community Protection Act of cutting greenhouse gas emissions 40% by 2030 and at least 85% by 2050, both below 1990 levels. Large-scale greenhouse gas emitters and distributors of heating and transportation fuels will be required to purchase allowances for emissions. The state says the cap-and-invest program will incentivize consumers, businesses, and others to transition to lower-carbon alternatives. It calls for electrifying nearly everything — from buildings to vehicles with a mix of mandates and incentives.

In this episode of Greenberg Traurig’s E2 Podcast, Steven Russo, co-chair of the firm’s Environmental Practice and Chair of its New York Environmental Practice, is joined by Todd Kaminsky, Shareholder, and Jane McLaughlin, Of Counsel, in Greenberg Traurig’s Government Law & Policy Practice to discuss the New York State Climate Action Council’s adoption of the final scoping plan, which will serve as a roadmap to achieve the climate change mandates set forth in New York’s landmark climate law – the Climate Leadership and Community Protection Act (CLCPA).

In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations, they discuss fault and when it may trump cost causation, “transactional fairness,” use of contracts experts, cooperation, and recalcitrance.

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a discussion of how Superfund allocation problems are resolved and what is meant by “fairness” in them. The conversation is in the context of allocation disputes under the federal Superfund statute – the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

With President Joe Biden’s prioritization of Environmental Justice issues, Greenberg Traurig Shareholders Maribel Nicholson-Choice and Libby Stennes discuss the U.S. Environmental Protection Agency’s historical and current definition of Environmental Justice, steps for corporations to protect their brands, and how to effectively work with communities and stakeholders.

This episode is part two of a two-part series that focuses on the US and European federal and state governmental roles in hydrogen development with Greenberg Traurig attorneys, Marijn Bodelier of Amsterdam, Martin Borning of Berlin, Pietro Caliceti of Milan, and the firm’s Energy Practice Co-chair Bill Garner. Special guests include Heike Bernhardt of the German engineering firm of DEEP.KBB of Hanover, Frederik de Vries from Dutch consulting firm, Rebel Group, of Rotterdam, and Katrina Fritz, the Executive Director of the California Stationary Fuel Collaborative in the United States. They discuss US federal and state policies, as well as European Union and Dutch policies regarding hydrogen.

This episode is part one of a two-part series that focuses on the US and European federal and state governmental roles in hydrogen development with Greenberg Traurig attorneys, Marijn Bodelier of Amsterdam, Martin Borning of Berlin, Pietro Caliceti of Milan, and the firm’s Energy Practice Co-chair Bill Garner. Special guests include Heike Bernhardt of the German engineering firm of DEEP.KBB of Hanover, Frederik de Vries from Dutch consulting firm, Rebel Group, of Rotterdam, and Katrina Fritz, the Executive Director of the California Stationary Fuel Collaborative in the United States. They discuss US federal and state policies, as well as European Union and Dutch policies regarding hydrogen.

The first episode in Greenberg Traurig’s 2022 Evolving Environmental Law Series, addresses the New Environmental Rights Amendment to the New York Constitution.  The Amendment was recently enacted and will go into effect in January of 2022. It is a very short provision, but has the potential, as we're going to discuss, to provide a fair amount of uncertainty and questions about what it exactly is going to mean for New Yorkers.