Industrial Hemp: Hemp Farmer Files Federal Suit Against South Carolina For Arrest and Crop Destruction
On September 16, 2022, South Carolina hemp farmer John Trenton Pendarvis filed a complaint in the U.S. District Court for the District of South Carolina against numerous executive branch officials alleging due process violations and conspiracy for Pendarvis’s arrest and
IRS issues notices requesting comments on IRA clean energy tax credits
On October 5, 2022, the Treasury Department and the IRS issued notices requesting comments on different aspects of the energy tax benefits in the Inflation Reduction Act (“IRA”). All comments are due by Friday, November 4, either electronically on www.regulations.gov or alternatively by mail to the IRS. Written comments submitted after that date will be considered as long as such consideration will not delay the issuance of guidance.
Chloe Marie Publishes Research Paper on Geographical Indications
On October 5, 2022, Research Specialist Chloe Marie published a research paper, titled “An Overview of the Protections for Geographical Indications in the United States and the European Union.”
In this research paper, Chloe explains the nature and extent of the legal protection conferred to geographical indications in the United States as well as the
EPA to Streamline the Review Process for Certain EV and Clean Energy Chemicals
On October 5, 2022, the U.S. Environmental Protection Agency (“EPA”) announced its plan to streamline the typical review process for Mixed Metal Oxides (“MMOs”), including certain cathode active materials, which are key components in electric vehicles’ lithium-ion batteries, as well as clean energy generation and storage technology, including wind turbines and solar cells. MMOs can also be used in semiconductors.
As we have written about previously, increasing the domestic supply of EVs and semiconductors, and expanding the country’s clean energy capacity are among the core policy objectives of the Biden Administration.
Ross Pifer Presents at PA Oil and Gas Landowner Alliance Conference
On October 2-4, 2022, the PA Oil and Gas Landowner Alliance hosted the “Bouncing Back in 2022” conference. Ross Pifer provided the Pennsylvania Oil and Gas Case Law Update on Tuesday, October 4th. Other conference topics included, “Cross unit drilling considerations, lease terms and negotiation, how to access DEP OG Data, how to access courthouse
New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western States
By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California
DOE Requested Information on How Defense Production Act Could Support National Security and Grid Resiliency
The Department of Energy (DOE) issued a request for information (RFI) from the public on how the Defense Production Act (DPA) could best be used to accelerate domestic manufacturing and deployment of key technologies, strengthen U.S. power grid reliability, and deploy clean energy. This input will help DOE design DPA actions that scale up clean energy while strengthening national security and reducing fuel prices.
What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?
The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). For some this is a hair-on-fire moment, so let’s pause and evaluate what difference that listing would actually make if it became final.
Climate Scenario Analysis Exercise Announced by US Federal Reserve
Banking organizations should take note of an announcement last week by the Board of Governors of the Federal Reserve System that it would conduct a climate scenario analysis exercise with six of the largest US banking organizations. This Legal Update provides further detail on this exercise.
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Might the WOTUS Saga Drag On For a While Longer?
The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the Clean Water Act. I have stayed out of the SCOTUS prediction game because I find such speculation to be a waste of time.
