Ag-Gag Statutes: Kentucky Legislature Passes ‘Agricultural Key Infrastructure Asset Trespass Law,’ Overrides Governor Veto
On April 12, 2024, the Kentucky legislature overrode the governor’s veto to pass into law Senate Bill 16, titled “An Act Relating to Agricultural Key Infrastructure Assets” (with votes totaling 32-6 in the House and 71-26 in the
Shale Law Weekly Review—Week of April 15, 2024
National Energy Policy: USDA Funds Clean Energy Projects for PA Farmers and Rural Businesses
On March 28, 2024, the U.S. Department of Agriculture (USDA) announced it will be investing $5.69 million in 31 energy efficiency and renewable energy projects across 12 Pennsylvania counties. This investment is part of the March announcement of $120 million in…
The Evolution of Lightbulbs in the Wake of New Federal Energy Efficiency Standards
Seas the Future: Singapore’s Visionary Leap into Oceanic Carbon Capture
Replace, Reduce and Remove.
The 3Rs that constitute the three-pronged approach espoused by PUB, the national water agency of Singapore, in its hefty goal of achieving net zero emissions by 2045. The strategy by PUB focuses on replacing fossil fuels with renewable solar energy, investing in research and development to reduce the energy required in…
EPA Finalizes PFAS Drinking Water Rule
by Patrick Paul
On April 10, 2024, President Biden’s Environmental Protection Agency (EPA) has recently finalized a significant rule addressing per- and polyfluoroalkyl substances (PFAS) in drinking water, marking the first time that legally enforceable drinking water standard to protect communities from exposure to PFAS have been issued. Concurrent with the final rule, EPA published…
SEC Pauses Climate Change Disclosure Rules
by Patrick Paul, Shawane Lee, and John Habib
The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move, which was announced on April 1, 2024, comes as a surprise…
EPA Finalizes Rule Requiring Ethylene Oxide (EtO) and Chloroprene Emissions Cuts at Chemical Plants
The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction.
By Karl Karg, Phil Sandick, and Nate Gelfand-Toutant
On April 9, 2024, the US Environmental Protection Agency (EPA) issued a final rule amending the Clean Air Act New Source Performance Standards (NSPS) that apply to emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI). The rule also finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (also called the Hazardous Organic NESHAP or HON) and to Group I and II Polymers and Resins Industries (P&R I and P&R II). Some of these amendments include updates to the maximum available treatment technology (MACT) standards, including those addressing heat exchange systems, storage vessels, and process vents, depending on the source category.
The rule will be effective 60 days after publication in the Federal Register but will likely be challenged.
European Court of Human Rights Delivers Three Landmark Rulings on Climate Change
For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective mitigation measures.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, James Bee, and…
New EU Wastewater Treatment Fees on Producers of Pharmaceutical and Cosmetic Products
Yesterday, the European Parliament approved a new (recast) Urban Wastewater Treatment Directive (“UWWTD”) that will impose new additional costs on producers marketing pharmaceutical and cosmetic products in the European Economic Area by the end of 2027. Some studies suggest that the costs that producers would have to collectively pay could be around €1 billion per Member State. This is well above the figures published in the Commission’s impact assessment, which estimated the annual cost of implementing the various requirements of the UWWTD in all Member States at €3.8 billion, including €1.2 billion for micro-pollutants treatment.
The upcoming UWWTD lays down rules on the collection, treatment, and discharge of urban wastewater, and puts particular emphasis on the implementation of the polluter pays principle. The Directive aims to address the environmental and health concerns resulting from the presence of micro-pollutants, other pollutants (e.g., heavy metals, PFAS), microplastics and antimicrobial resistant (“AMR”) bacteria in European waters. It introduces new measures for the treatment of wastewater, including quaternary treatment for micro-pollutants, and makes producers of pharmaceutical and cosmetic producers pay for such treatment.
Takeaways — The Rise of Human Capital Issues in 2024
Joele Frank and the Paul, Weiss ESG and Law Institute hosted a senior level roundtable discussion on “The Rise of Human Capital Issues in 2024: Legal, Governance and Investor Perspectives” in person at Paul, Weiss’s New York office.
The program featured insights from senior communications, legal, compliance and ESG professionals who shared their expertise on…
