In this episode of Greenberg Traurig’s E2 Law Podcast, attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State’s cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization. The program is expected to help New York
President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United States. In 2018 a “federal water sub-cabinet” was informally established to coordinate water policy across the major federal agencies responsible for developing, managing, funding, regulating, and researching water resources in the United States. The original members included senior water officials within the Department of the Interior, Environmental Protection Agency, Department of Agriculture, Army Corps of Engineers, Department of Energy, and National Oceanic and Atmospheric Administration. The subcabinet was formally established in October 2020 under Executive Order 13956, “Modernizing America’s Water Resource Management and Water Infrastructure.”
By Adam R. Young, Brent I. Clark, Benjamin D. Briggs, Daniel R. Birnbaum, Mark A. Lies, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has
On January 15, 2023, South Korea’s Financial Supervisory Service (“FSS”) issued new guidelines (the “Guidelines”) (Korean language only) to enhance transparency on the methods and procedures used by credit rating agencies to perform ESG bond certification evaluations. In announcing the Guidelines, the FSS noted that, prior to their introduction, there were
The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims.
By Kegan A. Brown, Gary P. Gengel, G. Jack Mathews, and Thomas C. Pearce
On January 18, 2023, the US Department of the Interior (DOI) Office of Restoration and Damage Assessment issued an Advance Notice of Proposed Rulemaking (the Notice) requesting feedback on possible amendments to the “simplified” natural resource damage assessment (NRDA) regulations for discharges of oil or hazardous substances (known as “Type A” NRDA regulations). DOI proposes to “modernize the Type A process and develop a more flexible and enduring rule” by, among other things, broadening the universe of natural resource damage (NRD) claims that may be subject to Type A procedures.[1] DOI has requested public comments on possible revisions to the Type A NRDA regulations by March 20, 2023.
The Federal Energy Regulatory Commission (“FERC”) issued a final rule (Order No. 887) directing the North American Electric Reliability Corporation (“NERC”) to develop new or modified Reliability Standards that require internal network security monitoring (“INSM”) within Critical Infrastructure Protection (“CIP”) networked environments. This Order may be of interest to entities that develop, implement, or maintain hardware or software for operational technologies associated with bulk electric systems (“BES”).
The forthcoming standards will only apply to certain high- and medium-impact BES Cyber Systems. The final rule also requires NERC to conduct a feasibility study for implementing similar standards across all other types of BES Cyber Systems. NERC must propose the new or modified standards within 15 months of the effective date of the final rule, which is 60 days after the date of publication in the Federal Register.
FTSE Russell – a leading provider of benchmarks that are used extensively by investors across the globe – has removed 34 companies from the FTSE4 Good All-World benchmark (the “FTSE4Good Index”). The companies were removed for failing to meet climate performance standards imposed by the newly introduced ‘Climate Change Score’ system, which is based on parameters created by the Transition Pathway Initiative (“TPI”), an initiative backed by 132 investors with over US$50 trillion in assets under management.
On 24 January 2023, each of the European Parliament’s trade committee and economic affairs committee reached agreed positions on the financial aspects of the draft Corporate Sustainability Due Diligence Directive (the “Draft Directive”). The agreed positions mark a departure from the European Commission’s and the Council of the European Union’s previous positions on the
A Question Every Retailer Must Be Prepared to Answer
Per- and polyfluoroalkyl substances (PFAS) have taken center stage. The Biden administration’s regulatory agenda plans numerous revisions to environmental regulations to address this broad class of pervasive substances. While the US Environmental Protection Agency grapples with implementing these initiatives, states are aggressively forging ahead with their own plans. Laws targeting PFAS in various products have taken effect and will continue to take effect in many states, representing a striking expansion from typical state regulations addressing environmental PFAS contamination from firefighting foam and other sources.
By Adam R. Young, Melissa A. Ortega, Daniel R. Birnbaum, Mark A. Lies, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In the wake of increased employee mental health concerns and mass shootings across the country, employers looking to create or enhance a workplace violence program can look to