Insights

Washington, D.C. – July 17, 2023: Crowell & Moring hosted its 24thannual George Bailey Public Service Awards ceremony. Named after the hero of the classic movie, “It’s a Wonderful Life,” these awards recognize the firm’s lawyers and staff who have made a substantial impact on the lives of others.

The DOE in 2023 significantly increased its enforcement activity against manufactures and importers alleged to have violated EPCA’s energy and water conservation standards and related certification requirements, based on available public information. As we previously flagged, the substantial rise in enforcement activity comes as the Biden Administration increasingly focuses on EPCA as a means of achieving environmental policy objectives, including reducing carbon emissions. The Department has continued its enforcement efforts in 2024 and early data from this year sheds light on the Department’s enforcement priorities.

As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime.

Among its many provisions, the Inflation Reduction Act (IRA) includes $3 billion for the purchase or installation of zero-emission port equipment or technology located at U.S. ports or used to directly serve U.S. ports. Of that funding, $750 million is reserved for ports located in a Clean Air Act non-attainment area. For the past two months, the Environmental Protection Agency (EPA) has held listening sessions with stakeholders in advance of issuing guidance on the program’s administration, and the agency is now soliciting responses by January 18, 2023, to a Request for Information that poses 8 key questions for stakeholders.

At times, the real world can feel too set in its ways to change. Can the metaverse serve as an opportunity to wipe the slate clean and start over? If so, what would you consider? How would you create it with environmental, social, and governance principles in mind?

Please join a panel of Crowell & Moring’s Environmental and Natural Resources Group for a webinar as they conduct a review of recent federal and state government actions concerning environmental justice (“EJ”).