In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP). 40 CFR Part 68. (“Transloading” refers to movement of goods and commodities across
On March 6, 2024, the Securities and Exchange Commission (“SEC”) approved the long awaited and controversial Climate-Related Disclosure Rules. The proposed rules were originally published in March 2022 and have undergone significant revisions since then. Per the SEC, “The final rules will become effective 60 days following publication of the adopting release in the Federal Register, and compliance dates for the rules will be phased in for all registrants, with the compliance date dependent on the registrant’s filer status.” While the final rules will be phased in over the next decade, certain parts are set to take effect for large companies in 2025.
Under the landmark final rules, registrants, which includes large accelerated filers, accelerated filers, and non-accelerated filers, will have to disclose Scope 1 and 2 emissions that have a “material” impact on their business strategy, results of operations, or financial condition. Additionally, the rules require registrants to disclose the following:
The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial condition, and governance (the “Final Rules”). The SEC says that “climate-related risks, their impacts, and a public company’s response to those risks can significantly affect
Agricultural Labor: Fifth Circuit Remands ‘Independent Contractor’ Rule Challenge to District Court, DOL January 2024 Rule Effective March 11, 2024
On February 19, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the district court’s decision and remanding a case challenging the U.S. Department of Labor’s (DOL) March 2021 delay
Approvingly allows the use of carbon offsets and renewable energy certificates
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call was “necessary or appropriate to meet the [CAA’s] applicable requirements.” Without plumbing the depths of the Clean Air
by Patrick Paul; Shawane Lee; John Habib
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final climate disclosure rules sparking a range of reactions within the business and environmental communities. These changes represent a significant shift in the regulatory landscape for public companies, particularly regarding the reporting of climate-related
By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S.
By Ilana Morady, Brian Gillis, Clara Rademacher, Patrick D. Joyce, Bradley Doucette, and Adam R. Young
Seyfarth Synopsis: Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid
Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) released a “Connecticut Environmental Justice Public Participation Guidance Document” (‘the Guidance”) concerning the 2023 amendments to Connecticut’s environmental justice (EJ) statute regarding permitting or other approvals for certain facilities. Although helpful in indicating DEEP’s interpretation of the amended statute (which is not a