The White House has announced long-awaited final guidance to federal agencies to implement domestic content and manufacturing requirements in federally funded infrastructure projects. The Biden administration guidance applies broadly to the use of iron, steel, and other common construction materials and products and, as a result, is expected to have broad implications for awardees of
Chambers 2024 Latin America Guide Recognizes GT’s Environmental and Energy Practices
Greenberg Traurig’s Environmental and Energy & Natural Resources practices in Mexico are recognized in the 2024 edition of the Chambers and Partners Latin America guide. The Energy Practice is ranked Band 2 and the Environmental Practice’s ranking elevated to Band 3.
Additionally, the following Greenberg Traurig attorneys are recognized in the 2024 Latin America guide…
The Fifth Circuit Reverses 27 Years of Title VII Jurisprudence
On August 18, 2023, in Hamilton v. Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications for future employment discrimination cases in Louisiana, Mississippi, and Texas. Employees seeking to bring a discrimination claim no longer need to…
OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace
By Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, A. Scott Hecker, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident occurs outside of…
Alleged Non-Compliance With CEQA is “Not a Defense to the Commission of a Crime” – Court of Appeal Upholds County’s Authority to Enforce Encroachment Laws
In Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 (Anderson), the Fourth District Court of Appeal reversed the trial court’s grant of a preliminary injunction that barred Santa Barbara County from removing unpermitted encroachments from a public right-of-way. In reversing the preliminary injunction, the Court held that the petitioners would not…
EPA Seeks to Modify RCRA Standards for Managing Containers and Drums
The U.S. Environmental Protection Agency (EPA) released an advance notice of proposed rulemaking with a focus on modifying the treatment and handling of “empty” containers and drums under the Resource Conservation and Recovery Act (RCRA). The EPA is soliciting information and requesting comments “to assist in the potential development of non-regulatory and regulatory options that…
European Commission Adopts Reporting Rules for Transitional Phase of Carbon Border Adjustment Mechanism
Importers into the EU of CBAM goods should be aware of their transitional reporting obligations under the new rules.
By Paul A. Davies, Michael D. Green, and James Bee
On 17 August 2023, the European Commission (Commission) adopted rules governing the implementation of the Carbon Border Adjustment Mechanism (CBAM) during its transitional phase, which begins on 1 October 2023 and runs until 31 December 2025. The Implementing Regulation (IR) outlines the transitional reporting obligations of importers into the EU of CBAM goods and the methodology for calculating emissions from the production of such goods.
ISSB Publishes IFRS Sustainability Disclosure Taxonomy for Consultation
On 27 July 2023, the International Sustainability Standards Board (the “ISSB”) published the Proposed IFRS Sustainability Disclosure Taxonomy for public consultation. The IFRS Sustainability Disclosure Taxonomy, which follows the ISSB’s issuance of the IFRS sustainability disclosure standards (the “Standards”) (which we reported here), is a digital taxonomy designed to facilitate digital reporting of sustainability-related financial information and to improve accessibility and comparability of such information by investors and regulators globally. Notably, the IFRS Sustainability Disclosure Taxonomy is not a taxonomy for categorising sustainability ratings or attributes of specific activities such as the EU taxonomy for sustainable activities.
EPA Announces Its Final National Enforcement and Compliance Initiatives for FY2024-2027
The US Environmental Protection Agency (“EPA”) recently finalized its long-anticipated National Enforcement and Compliance Initiatives (“NECIs”) for fiscal years 2024 through 2027, naming six “priority areas” on which EPA’s Office of Enforcement and Compliance Assurance (“OECA”) will focus its enforcement efforts and direct additional resources. In his first significant action since being confirmed by the Senate on July 20, 2023, OECA Assistant Administrator David Uhlmann issued a memorandum on August 17, 2023 to the EPA Regional Administrators, advising of the six NECIs. He stated that over the next four years EPA will “address the most significant public health and environmental challenges, protect vulnerable and overburdened communities, and promote greater compliance with our environmental laws.”
BSEE Announces New Well Control Rule
On August 22, 2023, the Department of the Interior (“DOI”) announced that the Bureau of Safety and Environmental Enforcement (“BSEE”) has issued the final Well Control Rule for drilling, workover, completion and decommissioning operations. This final rule clarifies blowout preventer (“BOP”) system requirements, modifies certain specific BOP equipment capability requirements, and builds upon the regulatory reforms that were originally implemented by the DOI after 2010. The BSEE is setting an effective date of 60 days following publication of the final rule, by which time oil and gas operators in the federally regulated outer Continental Shelf will be required to comply with most of the final rule’s provisions. Operators have a one-year deferred compliance date following publication of the final rule to equip subsea BOP stacks with the remotely operated vehicle intervention capability to both open and close each shear ram, ram locks, and one pipe ram as required by 30 CFR § 250.734(a)(4). The final rule: