According to EPA’s press release, $5 billion is scheduled for investment over five years to help communities that are on the frontlines of PFAS contamination reduce PFAS in drinking water. The initial allotment of $42 million to Arizona can be used to prioritize infrastructure and source water treatment for pollutants,
IRS Establishes a Program to Allocate Credits to Qualifying Advanced Energy Projects
The Internal Revenue Service issued Notice 2023-18 establishing a program to allocate $10 billion of credits for qualified investments in eligible qualifying advanced energy projects under Internal Revenue Code Section 48C(e). The goal of the program is to expand U.S. manufacturing capacity and quality jobs for clean energy technologies, to reduce greenhouse gas emissions in
National Retail Federation Free Webinar on Workplace Violence
Seyfarth Synopsis: The National Retail Federation (NRF) is hosting a free webinar on workplace violence, taking place on Mar. 7, 2023, at 12:00 – 1:15 PM.
We are looking forward to the National Retail Federation’s Retail Law Summit, where Adam Young will be presenting a March 7, 2023 webinar on Workplace Violence in Retail with his
Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That Large Infill Project’s GHG Emissions Would Be Less Than Significant Lacked Substantial Evidence And Project Was Not Exempt
In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot office complex on a 4.95-acre parcel (the “Gemdale project” or “project”) within the 2,800-acre Irvine Business Complex (IBC). IBC Business Owners for Sensible Development v. City of Irvine (Gemdale 2400 Barranca Holdings, LLC, Real Party in Interest) (2023) 88 Cal.App.5th 100. The Court held that the City’s approval of the Addendum was improper because substantial evidence did not support the conclusion that the project’s GHG emissions were within the scope of the PEIR and would have less than significant impacts; further, the project was unusually large and dense due to its utilization of transfers of development rights (TDRs) of over 220,000 square feet – by far the largest ever approved in the IBC’s history – and thus could not qualify for the Class 32 infill exemption due to the unusual circumstances exception.
Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption
In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it relied on an addendum to approve a project proposing to redevelop a parcel within the Irvine
Greenwashing: UK Regulator Investigation and Further Guidance for Businesses
The UK Regulator – the Competition and Markets Authority (“CMA”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“FMCG”).
In this piece, our IP and Technology colleagues discuss the FMCG investigation and the Advertising Standards Authority’s (“ASA“)
May A Court Take Judicial Notice of Gravity?
Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute “disposal” within the meaning of CERCLA. I’m going to give Judge Wilson a pass, both because there was an arguably binding 9th Circuit precedent and
Shale Law Weekly Review—Week of February 20, 2023
State Regulation: RRC Updates Requirements for New Disposal Well Permits in the Permian Basin
On February 7, 2023, the Railroad Commission of Texas (RRC) published updated requirements for new disposal wells permits issued in the Permian Basin. According to the update, new disposal wells must be equipped with gauges for “bottomhole pressure monitoring” in
Businesses with Louisiana Worker Classification Concerns Should Consider Relief Provisions as New 1099-NEC Filing Requirements Go into Effect
UPDATE – On February 15, 2023, the Louisiana Department of Revenue issued Revenue Information Bulletin (“RIB”) No. 23-010 stating that qualifying businesses can submit an application under the Fresh Start Proper Worker Classification Initiative by sending an email to [email protected]. RIB No. 23-010 also states that in order to qualify, the employer must have consistently
Damages 5X Higher Than Usual Awarded to Surviving Children of Mesothelioma Plaintiff
On February 15, 2023, the Louisiana 4th Circuit Court of Appeal affirmed the trial court’s award of $2.75M each to the two surviving children of a deceased mesothelioma plaintiff and also affirmed the trial court’s award of judicial interest relating back to the date the original petition was filed.
In December 2021, after a multi-day