A district court recently dismissed multiple Clean Water Act citizen suit claims under the concurrent-remedies doctrine, confirming that the doctrine continues to be “alive, well, and strong” as a potential defense to environmental claims.
Subscription Fees for Personal Electronic Storage Capacity are not Subject to Orleans Parish Sales Tax
On January 12, 2023, the Louisiana Board of Tax Appeals (the “Board”) granted a motion for partial summary judgment in Apple, Inc. v. Samuel, Dkt. No. L01283 (January 12, 2023) and held that the Internet Tax Freedom Act (the “ITFA”) prohibited Orleans Parish from imposing sales tax on subscription fees paid for the use
EPA Releases New Guidance on Pesticide Devices
On February 14, 2023, EPA released a compliance advisory regarding pesticide devices regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). EPA released the advisory in response to “substantial non-compliance with FIFRA in the device and pesticide marketplace. Examples of non-compliance include unregistered pesticides claiming to be devices, devices bearing false and misleading statements, and devices being sold and distributed that were not produced in an EPA registered establishment.” While the compliance advisory provides a helpful overview of requirements applicable to pesticide devices, it does not provide new substantive guidance, including on key questions facing many device manufacturers and distributors. The advisory also suggests that EPA may increase its enforcement efforts in this area, so companies producing devices (or products that may arguably be devices) should consider taking proactive steps to ensure their product lines comply with FIFRA’s requirements.
Shale Law Weekly Review—Week of February 13, 2023
GHG Emissions: DOE Announces $131 Million in Funding for R&D of Wide-scale CO2 Reduction Projects
On January 30, 2023, the Department of Energy (DOE) announced that $131 million will be invested to help in the research and development of 33 projects aimed at reducing carbon dioxide (CO2) pollution. The projects will reduce CO2 pollution through
Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices
By Benjamin D. Briggs, A. Scott Hecker, Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.&rdquo
The Rise of ESG and What HR Professionals in Germany Should Do to Keep Up
Both the financial sector and the real economy are faced with increased regulatory requirements and expectations of various stakeholders to meet ESG criteria, which are a benchmark for sustainability and sustainable investments. A high ESG rating not only promotes corporate policy, but also serves the profit interest of investors.
Currently, in the EU only capital
Agricultural Law Weekly Review—February 13, 2023
Read the latest Agricultural Law in the Spotlight article: “Waters of the United States,” an Overview of the New Rule (Feb. 8, 2023).
Agricultural Labor: Third Circuit Affirms Dismissal of Meatpacking Plant Workers’ Challenge to OSHA Finding of ‘No Imminent Danger’
On January 31, 2023, the U.S. Court of Appeals for the Third Circuit issued
Legal Planning for Specialty Crop Producers at 2023 Pasa Conference
On February 11, 2023, staff attorney Brook Duer joined Pasa Sustainable Agriculture to present at their 2023 In-Person Conference in Lancaster, Pennsylvania.
As the finale of the Center for Agricultural and Shale Law’s series, Brook presented, “Legal Planning for Specialty Crop Producers.” Recordings of the online presentations for this series, “Legal Planning for Specialty Crop
The “Integrity” Challenge in Carbon Offsets
A recent attention-grabbing report by the Guardian, Die Zeit and SourceMaterial claimed that “more than 90% of rainforest carbon offsets by biggest certifier are worthless“. This prompted a swift detailed rebuttal by Verra – the world’s largest certifier of offsets and the organization subject to the criticism – who argued that the Guardian’s
German Law a Model for Safeguarding Human Rights in Supply Chains
Businesses that believe profits should come not from creating the world’s problems, but from solving them