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Jeffrey Karp

Jeff heads the firm’s Environment, Energy & Natural Resources Practice Group. The Group includes the following fields of practice: environmental regulation, compliance, litigation and transactions; climate-related business & technology; energy transactions and finance; renewable energy, energy efficiency and clean technology; and water resources and conservation. The Group brings together practitioners from across the firm’s legal disciplines in its offices in Boston, New York, Washington, D.C., London and Tel Aviv. Jeff’s practice focuses on assisting clients in resolving complex regulatory matters and high-stakes business disputes, and engaging in cutting-edge technology transactions. He represents clients on the full range of environmental compliance issues under federal and state laws, including government investigations and enforcement actions. He also has extensive litigation experience, both on the government side and in private practice, and has an impressive track record of resolving disputes short of litigation, both with respect to claims arising under a wide range of federal and state laws, and those involving complex transactions. Jeff advises corporations, developers, financiers and individuals seeking to participate in water, renewable energy, and clean technology transactions and project development worldwide, with an emphasis on assisting Israeli companies seeking to commercialize their products, services, and technologies. He also has substantial experience assisting clients in addressing legal, contractual, and regulatory issues arising during the development of large-scale infrastructure projects, including obtaining government authorizations and negotiating project agreements. Before entering private practice in 1990, Jeff served as an environmental prosecutor at the U.S. Department of Justice, where he litigated and later also supervised enforcement cases involving a variety of environmental laws.
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Recent Posts

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

Posted by Jeffrey Karp on 3/16/22 9:36 AM

By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Legal Research and Writing Attorney

Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions.[1] These lawsuits serve multiple potential functions; for example, in addition to the award of damages if successful, they may reveal new information about the companies’ decision-making via the discovery process that may lead to further litigation, and may affect the public perception of climate-related issues.[2]

For the most part, thus far the courts have not had a chance to address the substantive issues because of the lengthy procedural battles that have first occurred concerning whether the lawsuits should be pursued in state or federal courts. The case this article focuses on will therefore be an ongoing one, Mayor & City Council of Baltimore v. BP P.L.C. The procedural questions in this case have resulted in a US Supreme Court decision that has affected other climate change cases recently.[3] But the significance of Baltimore for our purposes is the substantive issues raised in the complaint, the motions to dismiss, and the responses to the motions. They provide a case study of a relatively typical municipal lawsuit against fossil fuel companies, in which both sides have articulated an array of arguments demonstrating the wide range of legal issues involved.

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Anatomy of the Response to Oil-Contaminated Water at a US Naval Base

Posted by Jeffrey Karp on 2/4/22 2:20 PM

By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Legal Research and Writing Attorney

A November 2021 leak of 14,000 gallons of jet fuel at the US Navy’s Red Hill underground fuel storage facility, at Pearl Harbor on the Hawaiian island of Oahu, contaminated a well providing drinking water, displacing thousands of people and making many sick.[1] In response, in December, the Hawaii Department of Health issued an emergency order requiring the Navy to suspend operations at the facility and drain the fuel tanks there. The Navy began to comply in January 2022, but at the end of the month, it decided to contest the order in the courts.

Background: The Red Hill Fuel Storage Facility

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SEC's Increased Scrutiny of Climate Risk and ESG Disclosures Likely to Lead to Agency Rulemaking

Posted by Jeffrey Karp on 1/31/22 1:19 PM

What public companies need to know about environmental disclosures, including recent climate risk and ESG disclosure initiatives.

By Jeffrey Karp, Senior Counsel; Vic Baltera, Partner; Howard Berkenblit, Partner; and Edward Mahaffey, Legal Research and Writing Attorney

In fulfilling disclosure obligations under the Securities Act of 1933 and the Securities Exchange Act of 1934, public companies are required to disclose various potential environmental liabilities and potential risks in filings with the U.S. Securities and Exchange Commission (SEC or Commission). During the 1970s, SEC efforts in the area of environmental disclosure focused primarily on statutes such as the Clean Water Act and the Clean Air Act.

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Congress Provides Substantial Funding for Variety of Water Projects in Infrastructure Law With Emphasis on Low Income Communities

Posted by Jeffrey Karp on 12/27/21 9:12 AM

By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Legal Research and Writing Attorney

The Infrastructure Investment and Jobs Act (IIJA) contains significant water-related provisions, amounting to $82.5 billion in spending.[1] Areas addressed by these provisions include drinking water safety, clean water more generally, access to water, and research.

Background

America faces many serious problems involving water. People in rural areas remain dependent on often unreliable wells, and the water infrastructure of many U.S. cities has deteriorated as many existing pipes remain contaminated by lead. Meanwhile, from 1996 to 2018, the cost of water and wastewater has increased at annual rates of 5.09% and 5.64%, respectively, compared to an annual increase in the Consumer Price Index of only 2.1%.[2]

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Biden EPA Develops New Playbook for Addressing PFAS

Posted by Jeffrey Karp on 11/19/21 4:51 PM

By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Legal Research and Writing Attorney

On October 18, 2021, the US Environmental Protection Agency (EPA) announced its PFAS Strategic Roadmap (Roadmap or Plan), the agency's new approach to comprehensively addressing the threat to public health and the environment from per- and polyfluoroalkyl substances (PFAS). In issuing the Roadmap, EPA has segued from the prior administration's PFAS Action Plan to implementing the agency's new PFAS playbook developed since the Biden administration came into office. While the Roadmap describes a potentially sweeping array of new studies, test protocols, regulations, and other proactive measures, many of the most critical ones are not expected to be completed or come to fruition before mid-2022, continuing the pattern of the federal government's slower pace than a number of states in addressing PFAS risks.

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Topics: PFAS, PFAS Strategic Roadmap

SEC Staff Issues Legal Bulletin Narrowing Interpretation of Certain Exceptions to Rule 14a-8 Allowing Shareholder Proposals in Proxy Statements

Posted by Jeffrey Karp on 11/10/21 11:07 AM

My latest Client Alert discusses the SEC Staff's recent action regarding shareholder-submitted proposals concerning environmental, social and governance (ESG) topics to be included in public company proxy statements and voted on at annual shareholder meetings.

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Topics: SEC, public companies, ESG, Shareholder Activism

Proposed Legislative and Executive Branch Changes to NEPA Process

Posted by Jeffrey Karp on 10/25/21 9:19 AM

By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Legal Research and Writing Attorney

The procedures associated with the National Environmental Policy Act (NEPA), particularly Environmental Impact Statements (EISs), are undergoing change.[1] On one hand, the Executive Branch under the Biden administration, including the Council on Environmental Quality (CEQ),[2] is moving towards holistically addressing environmental reforms to the NEPA process, such as greater consideration of climate change impacts. On the other hand, the bipartisan Congressional infrastructure bill in its current form, which seeks to speed up the timing for evaluating projects with a federal government overlay, may have a countervailing effect of undermining NEPA’s environmental objectives in the process.

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Topics: NEPA, Environmental Impact Statements

Pursuit of Responsible Investment Practices Beyond ESG: The Equator Principles Help Guide International Investment and Finance Projects

Posted by Jeffrey Karp on 10/4/21 12:53 PM

Written by Jeffrey Karp

Recently, we discussed the reboot of the Prosper Africa Initiative by the Biden Administration, whose aim is to increase trade between U.S. companies and African countries and encourage investment across the African continent. We also identified several factors such as infrastructure and financing risk for consideration by U.S. companies interested in Africa opportunities. Given the heightened emphasis worldwide on sustainable project development, which encompasses environmental, social and governance (ESG) criteria, U.S. companies considering investment in Africa also must become familiar with the Equator Principles (EPs), a tool for assessing and managing environmental and social risk in projects.[1]

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Recent Federal Court Decision May Expedite Next Round of WOTUS Rulemaking

Posted by Jeffrey Karp on 9/22/21 4:57 PM

The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. The most recent definition, promulgated in the Navigable Waters Protection Rule (NWPR) (2020), eliminated the coverage of many water bodies. Following the June 9, 2021 joint announcement (previously discussed on this blog)[1] by the US Environmental Protection Agency (EPA) and the Army Corps of Engineers (together Agencies) that they intended to revise the WOTUS rule, additional significant developments have occurred.

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Topics: Navigable Waters Protection Rule (NWPR), WOTUS, CWA

Prosper Africa Reboot Revitalizes Investment Opportunities in Africa

Posted by Jeffrey Karp on 9/20/21 1:06 PM

By Jeffrey Karp, Senior Counsel, and Caroline Lambert, Associate

The United States (US) government’s Prosper Africa project is getting a reboot by the Biden administration, renewing the government’s commitment to increased trade with African countries and incentivizing American companies to invest in projects, particularly clean energy, climate solutions, health, and digital technology projects, across the African continent. This initiative presents a multitude of opportunities for US companies looking to expand into a growing market.

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Topics: clean energy, Climate change, Prosper Africa

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About the Blog


The Environment & Energy Insights blog analyzes developments in the law, as well as provides updates and perspectives on trends and polices.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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