In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to adopt all of the OIG’s recommendations, EPA has agreed to assess the air-monitoring network around ports and in near-port communities and
Key Takeaways from EPA’s EPCRA PFAS Rule
On October 20, 2023, EPA released a final rule under the Emergency Planning and Community Right to Know Act (“EPCRA”) relating to per- and polyfluoroalkyl substances (“PFAS”). The Rule makes important revisions to EPA’s Toxic Release Inventory (“TRI”) program relating to 189 specified PFAS.
As Snow Season Approaches, OSHA Focuses On Rollover Protection For Tractor Operators
By Daniel R. Birnbaum, Adam R. Young, and Craig B. Simonsen
Image from OSHA.
Seyfarth Synopsis: OSHA has recently highlighted tractor operator safety by increasing use of rollbars or cage frames.
Employers use tractors to clear winter snows. As snow season approaches, OSHA warns that many older tractors are in use that
Brazil’s Supreme Court rejects time limit requirement for indigenous land demarcation
On 27 September 2023, Brazil’s Supreme Court concluded the trial of Extraordinary Appeal No. 1,017,365, which discussed a cut-off date for indigenous occupation as a requirement for demarcation of indigenous lands. Based on a strict interpretation of the Brazilian Constitution, the time limit thesis tried to implement a cut-off date to restrict indigenous land claims, arguing that only indigenous lands occupied on the date of the 1988 Constitution promulgation could be demarcated by the Federal Government. In reviewing the appeal, the Supreme Court not only rejected the time limit requirement, but also established a broad set of criteria covering other relevant aspects to the demarcation of indigenous lands.
The Last Year in CERCLA: Practitioners Should Take Note
I was asked earlier this month to condense into an eight-minute presentation what a particular group of senior environmental lawyers “ought to know about developments in Superfund since October 2022 had they been paying attention.” It was, of necessity, an incomplete survey. This is my effort to record a slightly modified version. Practitioners may want
Agricultural Law Weekly Review—October 23, 2023
Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects ‘Newsgathering Activities’ in Non-Public Farm Areas
On October 16, 2023, the U.S. Supreme Court denied a petition for a writ of certiorari for a case seeking reversal of the U.S. Court of Appeals for the Fourth Circuit’s decision upholding parts of North Carolina’s
International businesses with operations in the EU: Are you taxonomy-ready?
What is a taxonomy anyway?
The EU’s “Taxonomy” is a classification framework that determines whether an economic activity is environmentally sustainable.
Under EU legislation, “large” EU companies will soon need to report on their taxonomy “alignment” as part of their mandatory sustainability disclosures. This means, at risk of oversimplifying, reporting on the extent to which
Advantages of Adopting the Model State Indoor Air Quality Act: Prioritizing Human Health Amid Energy Concerns
Adopting indoor clean air standards far outweighs any concern surrounding energy consumption
Shale Law Weekly Review—Week of October 23, 2023
Infrastructure: DOE Announces Phase 1 Award Winners in Buildings UP Program
On October 11, 2023, the Department of Energy (DOE) Office of Energy Efficient and Renewable Energy (EERE) announced $22 million in awards through its Buildings Upgrade Prize (Buildings UP). The Building Up program awards groups developing building upgrades focusing on energy efficiency and greenhouse
SEC Adopts Changes to Names Rule for Registered Funds
The amendments aim to modernize the Names Rule and promote investor protection objectives by ensuring that a fund’s portfolio of holdings aligns with its name.
By Laura N. Ferrell, Sarah E. Fortt, Betty M. Huber, Paul A. Davies, Nicola Higgs, Anne Mainwaring, Karmpreet (Preeti) Grewal, Austin J. Pierce