On 23 February 2023, the Asia Pacific Loan Market Association, Loan Market Association and Loan Syndications and Trading Association jointly published updates on the Green, Social and Sustainability-Linked Loan Principles (the “Principles”) together with their supporting guidance documents (the “Guidance”). 

All transactions completed prior to 9 March 2023 will be exempted from following the updated

On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. State Water Resources Control Board (2023) 88 Cal.App.5th 874, a case mainly focused on water law but which also has some significant CEQA implications.  Briefly put, the petitioner in Los Angeles Waterkeeper attempted to bypass a statutory limitation on CEQA review through an action that would, if successful, have resulted in the imposition of additional substantive and procedural environmental review requirements on certain projects for which no EIR is required. As explained below, the Second District rejected this invitation to expand CEQA’s reach.

The proposals form part of the Green Deal Industrial Plan and aim to scale up technology and materials for the energy transition.

By Paul A. Davies, Beatrice Lo, JP Sweny, Alexander Buckeridge-Hocking, Michael D. Green, and James Bee

On 16 March 2023, the European Commission (Commission) formally proposed two legislative initiatives and announced the development of a European Hydrogen Bank as part of its program to enhance the EU’s competitiveness in green technologies and support its transition towards net zero greenhouse gas emissions by 2050.

By Adam R. YoungDaniel R. Birnbaum, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: Highlighting the current administration’s focus on using press releases to assure workplace health and safety regulations are being followed, OSHA announced that a major retailer who has allegedly continued to expose workers to blocked exit

Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller

Previously, we discussed the Biden-Harris Administration’s emphasis on cybersecurity in the water utility sector.  This month, the Administration continued that trend by issuing a final memorandum interpreting the regulatory requirements pertaining to public water system (PWS) sanitary surveys to require that states evaluate operational technology for cybersecurity when conducting the periodic sanitary surveys.  A fact sheet issued by US EPA also provides a brief outline of the new memorandum’s requirements. 

On March 17, 2023, a law school clinic submitted to the United States Environmental Protection Agency (“EPA”) a sixty-day notice of intent to sue letter, setting forth various entities’ intent to sue the EPA for its alleged failure to perform various non-discretionary duties under the Noise Control Act of 1972 (the “Act”).

The Act has been largely unused since 1982. Should the EPA resume regulating noise pollution, it could have significant implications for a wide variety of product manufacturers, who could become subject to a host of regulatory requirements relating to controlling noise from products. For example, manufacturers of certain products could become subject to certain labeling, verification, recordkeeping, and reporting obligations.

Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS).  In contrast to non-enforceable health advisory levels introduced in 2016 and revised in 2022, MCLs constitute enforceable drinking water standards that will impact drinking water utilities and industry nationwide.