On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed petitions for review in the California Supreme Court in G.I. Industries v. City of Thousand Oaks (2022) ___ Cal.App.5th ___. (My recent post on the Second District Court of Appeal’s modified opinion order, which contains a link to my original post on the case, can be found here.)
Dec. 13 WEBINAR | Renewables Year-End Review: M&A, Tax Equity and Finance Markets
Greenberg Traurig and CohnReznick Capital are hosting a panel discussion titled “Renewables Year-End Review: M&A, Tax Equity and Finance Markets” on Dec. 13 from 12:00 p.m. – 1:30 p.m. EST. Presenters will discuss the state of the renewable energy market as we approach year-end, plus trends and what to expect in 2023.…
Human Rights and the Environment – EU Council responds to the draft Corporate Sustainability Due Diligence Directive
On 30 November 2022, the Council of the European Union (the “Council”) adopted its negotiating position on the European Commission’s proposal for a corporate sustainability and due diligence directive (the “Draft Directive”). As discussed in our previous blog posts (which you can read here and here), the proposed Draft Directive set out an EU standard for human rights and environmental due diligence (“HREDD”) and required EU member states to introduce legislation making in-scope companies responsible for violations of HREDD standards across their entire value chain. This meant that companies would have to conduct HREDD on their suppliers and clients, and could be held liable for how their products and services are used and disposed of. Although the fundamental principles of the proposed Directive remain intact, the Council’s suggested amendments to the Draft Directive do include some important changes.
Brook Duer Joins PSU Extension to Discuss Business Structures and Farm Transition
On December 6, 2022, staff attorney Brook Duer joined Penn State Extension in their Farm Transition Talk series. This webinar, entitled “Agricultural Attorneys – Business Structures” covered topics including “business structure legal discussions, and other related items regarding farm transition, succession, and overall exit strategy.”
A description of the program from PSU Extension:
Have you…
Employers Must Update Injury Tracking Application (ITA) Account and Submit OSHA Form 300A Summaries Through Login.gov
By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA requires employers to upload certain information to its Injury Tracking Application (ITA) each year by March 2. This year, OSHA is transitioning employer login information from individual accounts to “login.gov” and…
New York State Climate Act Creates Opportunities in Public and Private Sector
New York State passed one of the most sweeping and comprehensive climate action laws with the 2019 Climate Leadership and Community Protection Act (Climate Act). The Act set aggressive goals for the State to reduce its carbon footprint and eliminate its reliance on fossil fuels.
Market Conditions Among Factors Adding Variability to Potential California Offshore Lease Outcomes
The eyes of the offshore wind sector are turning with excitement to the west coast of the United States today as the Bureau of Ocean Energy Management (BOEM) conducts a scheduled mock auction for the Morro Bay and Humboldt Call Areas leading into the live auction tomorrow, December 6th.
Shale Law Weekly Review—Week of December 5, 2022
Methane Emissions: DOI and BLM Announce Proposed Rule to Limit Methane Emissions on Public Lands
On November 28, 2022, the U.S. Department of the Interior announced a proposed rule which would place limits on gas flaring on public lands, require technology upgrades where economically feasible, and require leak detection and waste minimization plans by…
Second District Denies Rehearing and Modifies Opinion In Brown Act/CEQA Exemption Case; CSAC and Solano County Seek Depublication In Supreme Court
The Second District Court of Appeal (Div. 6) has issued a November 22, 2022 Order modifying its opinion and denying rehearing in G.I. Industries v. City of Thousand Oaks (2022) ___ Cal.App.5th ___, without changing the judgment. That case expanded existing law under the Brown Act and CEQA by holding, on an issue of first impression, that a public agency must agendize a staff determination that a project is CEQA-exempt as an item of business for the meeting on project approval. (My October 31, 2022 post on the case can be found here.)
Next Up for Massachusetts Building Emissions Reductions: Tackling the Clean Heat Challenge
This week, the Massachusetts Commission on Clean Heat released its final report. The report seeks to establish a framework for a long-term reduction in emissions from heating fuels, to align with the Commonwealth’s emissions reduction target of net zero by 2050 and the 2050 Decarbonization Roadmap.
According to the 2050 Roadmap, on-site combustion…