A new lawsuit filed by several business interest groups seeks to overturn two recent California laws relating to emissions disclosures (SB253) and climate-related financial risk disclosures (SB261), which would require thousands of covered companies to begin making disclosures as early as 2026. This Legal Update addresses the main arguments of the lawsuit, the initial reaction
By March 1, 2024, all establishments that produce pesticides, devices, or active ingredients for pesticides must file their annual production reports for the 2023 reporting year pursuant to Section 7 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 7 U.S.C. § 136e(c)(1). Last year, EPA’s Office of Enforcement and Compliance Assurance reminded stakeholders that the agency is poised to take action against companies that violate FIFRA and noted that non-compliance with the requirements related to producing pesticides and devices by EPA-registered establishments is increasing.
Dairy Policy: Federal Milk Marketing Order Hearing Ends, Brief Filing Open Until April 1
On February 2, 2024, the U.S. Department of Agriculture (USDA) received an order “Notification to the Hearing Clerk Pursuant to 7 CFR § 900.10” for the National Federal Milk Marketing Order Pricing Formula Hearing, which began on August
Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that they ought to bear some specific equitable share of the total responsibility. Often, the plaintiff has brought the case even though the plaintiff has not
On February 12, 2024, the U.S. Fish and Wildlife Service (USFWS or the Service) published a final rule revising the regulations governing the issuance of eagle take permits (ETPs) under the Bald and Golden Eagle Protection Act. 89 Fed. Reg. 9920 (Feb. 12, 2024). The rule revises certain requirements for individual permits – referred to as “specific” permits in the rule – and creates a new program of general permits covering certain activities. Activities for which general permits will be available include (i) incidental take of bald and golden eagles associated with qualifying wind energy projects, (ii) incidental take of bald and golden eagles associated with power line infrastructure, (iii) certain activities that may cause bald eagle disturbance take, and (iv) certain categories of bald eagle nest take. We previously reported on the proposed version of the rule, which was published in September 2022.
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). These rules would significantly increase the EPA’s and authorized state’s authority to address the release of
The directive aims to reduce waste and bolster the repair sector.
By Paul A. Davies, Michael D. Green, and James Bee
On 2 February 2024, the European Parliament (Parliament) and European Council (Council) reached a provisional deal on a directive promoting the repair of broken or defective goods, known as the Right to
National Energy Policy: DOE Finalizes Efficiency Standards for Cooking Products
On January 29, 2024, pursuant to a Congressional directive, the Department of Energy (DOE) issued a direct final rule updating energy efficiency standards for residential cooking products. The DOE stated that these updates will reduce household utility costs over a period of thirty years by
At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ). The ruling temporarily blocks EPA and DOJ attempts to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act against Louisiana state agencies. Beyond that, the decision has potentially significant ramifications for the Biden administration’s ongoing environmental justice initiatives.
It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy community is to be a brownfield. The IRA defined a brownfield simply as a facility