On Tuesday, May 16, 2023, the D.C. Circuit denied in part and dismissed in part a petition for review filed by environmental groups, the Center for Biological Diversity, and the Sierra Club (collectively, “Petitioners”). Ctr. for Biological Diversity v. FERC, D.C. Cir., No. 20-01379, 5/26/2023. The petition sought a review of the Federal Energy
European Union Publishes Deforestation Regulation
On 31 May 2023, the European Parliament and the Council of the European Union adopted Regulation (EU) 2023/1115 regarding the marketing and export of certain commodities and products associated with deforestation and forest degradation from the European Union. In this Legal Update, we delve into the regulation and highlight what operators and traders should know
Shale Law Weekly Review—Week of June 12, 2023
Municipal Regulation: Berkeley Petitions for Rehearing of Ninth Circuit’s Decision Striking Down Natural Gas Piping Prohibition
On May 31, 2023, the City of Berkeley, California, filed a petition requesting a rehearing en banc after an April 17th opinion in which the Ninth Circuit Court of Appeals found that a city may not ban the installation
In preparation for COP-30, the Brazilian Government launches package of decrees updating instruments of the National Policy on Climate Change
On June 5th 2023, World Environmental Day, the Brazilian Government published five decrees seeking to strengthen national efforts towards the decarbonization of the economy and tackling climate change:
- Decree No. 11,546/2023: creates the National Council for the 30th Conference of the Parties of the United Nations Framework Convention on Climate Change (“UNFCCC”), which
Agricultural Law Weekly Review—June 12, 2023
International Trade: U.S. Initiates USMCA Dispute Settlement Consultations with Mexico on GMO Corn Ban
On June 2, 2023, the Office of the U.S. Trade Representative (USTR) announced that the United States has requested dispute settlement consultations with Mexico under Articles 31.2 and 31.4 of the United States-Mexico-Canada-Agreement (USMCA) concerning Mexico’s prohibition on the import of
The Evolution of Environmental Offsets: From Indulgences to Greenhouse Gas Emission Reductions
Environmental offsets have come a long way since the issuance of indulgences by the medieval church
Louisiana to Extend COPPA-esque Parental Permission Requirements for Social Media Use
When President Joe Biden expressed his concerns about children’s Internet usage during his 2023 State of the Union address, Louisiana certainly agreed with that concern. On June 8, 2023, the Louisiana legislature enrolled for Governor John Bel Edwards a bill intended to extend parental consent requirements on social media use by children under the age
Second District “Waters Down” Los Angeles Waterkeeper Waste Discharge Permit CEQA Exemption Opinion After Rehearing At Request Of Water Boards, Narrows And Clarifies Holding With No Change In Judgment Or Result
In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of waste discharge permits, formerly published as Los Angeles Waterkeeper v. State Water Resources Control Board (2023) 88 Cal.App.5th 874. After the Regional Board and State Board filed a request for modification of that opinion to clarify certain issues, the Court of Appeal vacated it, ordered rehearing, considered supplemental briefing, and filed a new, superseding published opinion in the case on June 2, 2023.
Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys
Images from Opinion of the Supreme Court of the United States.
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ___ (2023). The case arose from Jack Daniel’s complaint about VIP’s sale of
Department of Energy Establishes Clean Hydrogen Roadmap
On June 5, 2023, the US Department of Energy (DOE) published its US National Clean Hydrogen Strategy and Roadmap. This report addresses the Infrastructure Investment and Jobs Act (IIJA) requirement that the DOE “develop a technologically and economically feasible national strategy and roadmap to facilitate widespread production, processing, delivery, storage, and use of clean hydrogen.” Notably, in developing this strategy, Congress instructed the DOE to focus on clean hydrogen production and use from a variety of sources—including natural gas, coal, renewable energy, nuclear energy, and biomass.