Article III of the Constitution gives federal courts the power to decide only cases and controversies, and courts understand that to mean there must be a dispute between adverse parties. This constitutional requirement means that in order to bring a suit challenging government action, the plaintiff must have “standing,” meaning that plaintiff must really be
Greenberg Traurig Attorneys Present at Florida Chamber Foundation’s 37th Annual Environmental Permitting Summer School
Five attorneys from global law firm Greenberg Traurig, P.A.’s Environmental Practice will present at the Florida Chamber Foundation’s 37th Annual Environmental Permitting Summer School July 18-21 in Marco Island, Florida.
The annual event aims to keep Florida Chamber members and organizations informed of environmental and growth management laws and regulations affecting Florida. It is
Federal Government Continues Efforts to Reform Colorado River Operations
The U.S. Department of Interior (DOI) is seeking public comments on new strategies to replace the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead that will expire at the end of 2026. Building on the Lower Colorado Basin States’ compromise of May 22, 2023
Singapore: MAS Proposes Guidelines for Financial Institutions to Support Financing for Decarbonisation
The forthcoming guidelines will set supervisory expectations to steer financial institutions’ transition planning processes to facilitate decarbonisation efforts by their clients.
By Paul A. Davies, Farhana Sharmeen, Michael D. Green, and Shi Cheng Chong
On 8 June 2023, the Monetary Authority of Singapore (MAS) announced that it will set guidelines to steer financial institutions’ transition planning processes to facilitate, in turn, their clients’ credible decarbonisation efforts.
The guidelines will cover financial institutions’ governance frameworks and client engagement processes in order to manage climate-related financial risks and enable transition towards net zero.
Historic Marine Biodiversity Treaty creates new Access and Benefit-Sharing obligations for life sciences companies
On 19 June 2023, after almost 20 years of negotiations, the United Nations (“UN”) member states adopted a landmark treaty to ensure the conservation and sustainable use of marine Biodiversity of areas Beyond National Jurisdiction (the “BBNJ” treaty).
One of the cornerstones of the BBNJ treaty is the creation of a new mechanism for the fair and equitable sharing of benefits arising from activities with respect to “marine genetic resources” (“MGRs”) and “digital sequence information” (“DSI”) from MGRs. This mechanism is groundbreaking because it will require companies to pay for the use of genetic resources beyond national jurisdiction for the first time. Until now, under the existing Convention on Biological Diversity (“CBD”) and its Nagoya Protocol, companies were required to make (non-)monetary contributions only for the utilization of genetic resources under national jurisdiction (e.g., from national territories, national seas and exclusive economic zones). The BBNJ creates new “Access and Benefit-Sharing” (“ABS”) obligations on MGRs from maritime areas beyond national jurisdiction (i.e., the High Seas and the Area).
Companies in sectors whose R&D depends on marine genetic resources will be required to contribute to share financial and other benefits. In this blog we focus on those provisions of the BBNJ which will have the most direct impact on companies.
U.S. House Natural Resources Committee Hearing Requiring Withdrawal of Controversial Proposed Rule
The U. S. House Committee on Natural Resources hearing held on Thursday, June 15, 2023, was singularly focused on H.R. 3397, sponsored by Rep. John R. Curtis (R-UT-3), which requires the Director of the Bureau of Land Management (“USBLM”) to withdraw its‘ Conservation and Landscape Health Proposed Rule. This is the second such
Katherine Forrest, Jonathan Ashtor and Dave Curran Note How the Use of AI Can Help or Hinder ESG Efforts in Corporate Counsel Column
Litigation partner Katherine Forrest, corporate partner Jonathan Ashtor and ESG and Law Institute Executive Director and Paul, Weiss Sustainability and ESG Advisory Practice Co-Chair Dave Curran co-authored an “Expert Opinion” column in Corporate Counsel, “The Intersection of Artificial Intelligence and ESG,” published on June 20.
The authors examine the extraordinary potential of AI tools
Empowering the Next Generation of ESG Lawyers with Howard University School of Law
https://players.brightcove.net/1839446729001/default_default/index.html?videoId=6305267415001
Earlier this year, Paul, Weiss’s ESG and Law Institute signed on its second academic partner, Howard University School of Law. Dave Curran, executive director of the Institute, recently sat down with Howard University School of Law Dean Danielle Holley-Walker and Paul, Weiss partner Secretary Jeh Johnson to discuss the partnership’s impact.
UC Regents Prevails Against Dueling Challenges to Fuels Management Plan Designed to Reduce Wildfire Risk in the Berkeley Hills
In Claremont Canyon Conservancy v. Regents of the University of California (2023) 92 Cal.App.5th 474, two organizations, the Claremont Canyon Conservancy and the Hills Conservation Network, filed petitions for writ of mandate challenging the adequacy of an Environmental Impact Report (EIR) under CEQA (the California Environmental Quality Act) for a plan to conduct a Wildland Vegetative Fuel Management Plan to decrease wildfire risk at the University of California, Berkeley’s Hill Campus. Consolidated in the trial court, the petitions asserted that the EIR’s project description and discussion of environmental impacts were inadequate, arguing that the EIR lacked important details about the precise number of trees to be removed under the Plan. The trial court agreed, and halted the Plan. In a dramatic turn, the Court of Appeal reversed, finding that “the EIR include[d] sufficient detail to enable the public to understand the environmental impacts associated with the Regents’ plan to remove vegetation in specific locations on the Hill Campus to reduce wildlife risk.” The case helps settle the level of detail required in an EIR’s project description, particularly where some details may be subject to refinement when implementing the project.
June 21 WEBINAR | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance Explained
The energy community has eagerly anticipated the release of guidance related to new Code Sections 6417 and 6418 covering direct pay and transferability of renewable and alternative energy tax credits.With the release of this guidance—in the form of proposed Treasury Regulations—these important pieces of the Inflation Reduction Act can now be understood and implemented. Please