GHG Emissions: California Senate Passes New Emissions Disclosure Requirements for Billion-Dollar Businesses
On September 11, 2023, the California Senate approved Senate Bill 253, which will require all private and public companies operating in California with a total revenue of $1 billion or more to comply with new disclosure requirements that reflect the emissions disclosure
Agricultural Law Weekly Review—September 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPA’s registration of 382 pesticide active
4 Common Client Questions During Environmental Due Diligence
There is general awareness of the need to perform environmental due diligence on virtually any transaction that involves commercial/industrial property. However, even with such general awareness missteps or lack of attention to detail during the process can risk exposing a purchaser or new tenant to significant liability. Having been involved in counseling on environmental due
Unplugged Truth: Greenhouse Gas Emissions from Charging Your Smartphone
When building occupants are put on an energy diet will charging smartphones be banned from the office?
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the atmosphere. This announcement tilts the balance of cost-benefit analyses in favor of activities that reduce greenhouse gas emissions, and it
Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community Master Plan, Issues Narrow Holding Rejecting Challenges to County’s GHG Thresholds Methodology In Partially Published Opinion
In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the Mather South Community Master Plan (the “project“); if implemented, the project would result in, inter alia, up to 3,522 residential dwelling units; 225,000 square feet of retail space; 49 acres of environmental education campus and research and development park uses; two elementary schools; and about 200 acres of parkland and open space areas on an 848-acre site. The issues on appeal were limited to the adequacy of certain aspects of the project EIR’s analyses of GHGs and criteria air pollutants. Tsakopoulos Investments, LLC v. County of Sacramento, et al. (Mather South, LLC, et al, Real Parties) (2023) ___ Cal.App.5th ___. (The unpublished portion of the opinion: (1) upheld the EIR’s qualitative analysis concluding that, with compliance with the State’s Low Carbon Fuel Standard and other air quality mitigation measures, construction-related GHG impacts would not be significant; and (2) concluded the EIR adequately explained, in compliance with the Supreme Court’s decision in Sierra Club v. County of Fresno (2018) 6 Cal.8th 502, why it was not feasible to correlate the level of the project’s air emissions to specific human health impacts from the project. In keeping with this blog’s practice, this post will not further discuss these unpublished portions of the Court’s opinion, except to note that they appear worthy of publication, and that the Court’s docket reflects that a request to publish was filed by Remy Moose Manley LLP on September 18, 2023. So stay tuned on that front…)
CPSC Collecting Data on PFAS in Consumer Products
The Consumer Product Safety Commission (CPSC) is initiating a wide-ranging data collection effort on the use and presence of per- and polyfluoroalkyl substances (PFAS) in consumer products. As detailed in a September 30 Federal Register Notice and Request for Information (“ROI”), CPSC is requesting public comments by November 30, 2023. The information could provide the
New York City Planning Commission Approves Zoning Changes Supporting City’s Climate Goals
On Sept. 11, 2023, the City Planning Commission approved amendments to the New York City Zoning Resolution, called “City of Yes for Carbon Neutrality,” proposed by Mayor Adams’ administration to advance the city’s climate goals, including an 80% reduction in carbon emissions by 2050. The changes are designed to support a renewable energy grid, make
Coming Soon: California Climate Disclosure Bills
California Governor Gavin Newsom recently pledged to sign two groundbreaking climate disclosure bills into law. These bills will mandate most large U.S. companies to reveal their complete emissions along their value chains and report on their financial risks and adaptation measures related to climate change.
The California Senate bills, SB 253 (“Climate Corporate Data Accountability
New lawsuit filed by Brazil’s Federal Government further strengthens climate litigation trends against private entities in Brazil
On 12 September 2023, Brazil´s Attorney General Office, representing the Brazilian Federal Environmental Agency, filed a climate litigation lawsuit against a livestock farmer, seeking compensation for the deforestation of the Amazon Forest between 2003 and 2016.
This blog post provides a brief overview on this new lawsuit, which further strengthens a new trend for climate litigation in Brazil.