Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply caused by the airport authority.
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.
UK rolls back “net zero” ambitions, carbon offsets face renewed attack and the spotlight falls (again) on policing carbon markets
UK Prime Minister, Rishi Sunak, has announced a major U-turn on the UK’s “net zero” policies. This amounts to 3 key policy changes:
- Electric vehicles – 3 years after announcing a ban on the sale of new petrol and diesel vehicles from 2030, the ban has been delayed to 2035;
- New exceptions to ban on sale of new domestic gas boilers from 2035 – although the ban on the sale of new gas boilers from 2035 remains, new exceptions will be introduced to help poorer households, although the details are to follow. The sale of oil, LPG and coal boilers for off-grid homes is to be delayed to 2035;
- Tougher EPC requirements to be scrapped – from 2025, no residential property was to be let unless it achieved a “C” rating for energy efficiency. This has been scrapped. Mr Sunak said that this could have led to a requirement to invest around £8,000 per property. No announcements were made regarding commercial properties.
The changes have met with a mixed response, with some commentators highly critical of Mr Sunak’s U-turn, warning that introducing uncertainty could severely undermine investor confidence in the UK.
Australian Competition and Consumer Commission Adopts Tougher Stance on Greenwashing
The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, James Bee, and Aleksandra Dulska
In July 2023, the Australian Competition and Consumer Commission (ACCC) published draft guidance (Draft Guidance) to improve the integrity of environmental and sustainability claims made by businesses and protect consumers from greenwashing.[1]
Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that the
Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice
Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. The opinion is important, because it does not make life easy for citizen plaintiffs and it provides something of a roadmap for defendants to follow in challenging plaintiffs’ standing.
The
EPA Announces Its Final National Enforcement and Compliance Initiatives
On Aug. 17, 2023, the U.S. Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment on its proposals. The six final NECIs include three new subject areas (climate change, PFAS, and coal ash), retain three existing