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Megan is an environmental attorney with a national practice. She advises clients on a broad range of issues involving the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the RCRA and other federal environmental laws and their state counterparts, as well as the health and safety requirements under OSHA.

The already-complicated relationship between wind energy and eagles has taken center stage recently. The U.S. Fish and Wildlife Service (USFWS) is ramping up its efforts to protect bald and golden eagles at development projects across the country, with a massive settlement and plans to revamp the eagle take permitting process by the end of this year.
Continue Reading U.S. Fish and Wildlife Service Makes Clear Its Commitment to Eagle Protection with a $35 Million Eagle Death Settlement and Upcoming Changes to Eagle Take Permitting Program

Europe’s offshore wind sector enjoyed a record $31 billion of investment in 2020. The U.S has some serious work to do to catch up. While development of land-based wind and solar projects continues at a rapid pace across the U.S., we lag far behind many other countries when it comes to offshore project development. There are currently only two small offshore wind projects operating in the U.S.

There are signs, though, that change is coming.

Continue Reading Offshore Wind Positioned to Take Off Under Biden

Partner Megan Caldwell recently published “Trump Makes Last Minute Push to Boost Coal, But Biden Presidency’s Vow to Decarbonize Power Generation Causes Concern” in Coal Age, discussing recent and anticipated changes impacting the coal industry as the Trump administration ends and Biden kickstarts his ambitious clean energy agenda.

Read the article here.

Partner Megan Caldwell recently published “EPA Rollback of Rule Regulating Wastewater from Steam Electric Plants Allows Coal Companies Some Relief” in Rock Products Magazine, discussing the U.S. Environmental Protection Agency rollback of former President Barack Obama-era limits on wastewater effluent regulations governing the amount of toxic metals that coal-fired power plants can discharge

The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the U.S. Army Corps of Engineers (Corps) violated the Endangered Species Act (ESA) by not consulting with the U.S. Fish and Wildlife Service prior to reissuing NWP 12. However, earlier this week, Judge Morris amended the remedy provided in his April 15, 2020 order, which vacated all continuing use of NWP 12.
Continue Reading Nationwide Permit (NWP) 12 Re-Opened for Non-Oil and Gas Pipeline Projects

In December, the U.S. Fish and Wildlife Service (USFWS) announced that the agency will be proposing a streamlined eagle incidental take permitting process for wind energy projects that are considered “low-risk” to eagles. Although this new low-risk framework has not been finalized or formally proposed yet, USFWS has made available a presentation outlining the framework.
Continue Reading U.S. Fish and Wildlife Service To Propose New Low-risk Framework for Eagle Incidental Take Permitting Process

Megan Caldwell was featured in Rock Products discussing the potential for asbestos rock to make a comeback as a result of a recent rule proposed by the Trump Administration. She provides insights into the history, international production and significant new use of asbestos rock. Is asbestos poised to make a comeback? Only time will tell.

As we previously reported, major changes are going into effect tomorrow concerning California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. This law requires businesses to notify Californians about significant amounts of chemicals in products in their homes or workplaces, that are released into the environment, or that are present at certain