The public consultation seeks input on the priorities, strategic direction, and future work of the ISSB.

By Paul A. Davies, Michael D. Green, and James Bee

On 4 May 2023, the International Sustainability Standards Board (ISSB) launched a public consultation to seek input on its agenda priorities for a two-year period commencing in 2024. The consultation aims to inform the ISSB’s work plan once they have completed work on the creation of standards IFRS S1 (General Requirements for Disclosure of Sustainability-related Financial Information) and IFRS S2 (Climate-related Financial Disclosures), which are expected to be issued in Q2 2023.

In an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a writ directing the University of California’s Regents (Regents) to decertify a 2018 Supplemental EIR (2018 SEIR) for a campus development project and to suspend increases in student enrollment pending CEQA compliance; it further directed the trial court to dismiss the petition, which it held was largely mooted by the Regents’ certification of a 2021 EIR and the passage of CEQA amendments via SB 118, events that combined to preclude the Court’s ability to grant effective relief.  Save Berkeley’s Neighborhoods v. The Regents of the University of California, et al. (2023) 91 Cal.App.5th 872. 

On May 23, 2023, the FTC hosted a public workshop on recyclable claims called “Talking Trash at the FTC: Recyclable Claims and the Green Guides.”  The FTC convened the workshop in connection with its ongoing review of the Green Guides.  The workshop included three panels of stakeholders discussing a variety of issues relating to the current state of recycling claims, consumer perception of such claims, and how the FTC should consider updating its guidance.

SCOTUS Ruling Re WOTUS

Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal Clean Water Act (CWA).  The Supreme Court significantly reduced the reach of WOTUS from its earlier jurisprudence by holding that under the…

On May 24, 2023, EPA released a guidance memorandum addressing the hazardous waste status of lithium ion batteries under the Resource Conservation and Recovery Act (“RCRA”).  EPA released the guidance to “both remove uncertainties for the states and industry about the regulatory status of these materials,” and to ensure that lithium ion batteries are properly handled when they are recycled.

modern-slavery

On 24 May 2023, Walk Free, an international human rights group focused on the eradication of modern slavery, published the fifth edition of its Global Slavery Index (the “Index”), which provides a national level analysis of modern slavery across 160 countries.

Modern slavery is a growing global problem against a backdrop of compounding risks.  According to the Index, some 50 million people around the world are living in modern slavery, with a reported 28 million in forced labour, 22 million in forced marriage and 12 million in child labour.  Moreover, the Index estimates that around US$ 468 billion of goods imported by the G20 are at risk of being tainted by modern slavery. This includes products related to: cattle, coal, cocoa, coffee, electronics, fish, garments, gold, palm oil, rice, solar panels, sugar cane, textiles and timber.

The Index includes a heatmap that illustrates where modern slavery risks are more acute.  In practice, this may prove to be a helpful tool for companies seeking to identify and assess human rights (and, in particular, modern slavery risks) in global supply chains in order to respond to: emerging mandatory human rights due diligence (“HRDD“) laws; obligations under established international norms (such as the UN Guiding Principles); and increasing stakeholder expectations.

On May 25, 2023, Staff Attorney Jackie Schweichler joined Penn State Extension for the webinar presentation, “Legal Considerations for Diversification Opportunities in Agritourism.”
See the event description below or view the recording here.
“Join us for an informative webinar on the legal issues that Pennsylvania agritourism operators must consider when diversifying their activities. During…