Miller Starr Regalia land use attorneys will be speaking at a number of programs in the next few months on important CEQA and land use related topics.
Shale Law Weekly Review—Week of September 19, 2022
Oil and Gas Leasing: Judge Orders Reinstatement of Drilling Permit for Solenex on Blackfeet Nation Lands
On September 9, 2022, the U.S. District Court for the District of Columbia issued a memorandum opinion, finding that the Secretary of the Interior did not have authority to rescind an oil and gas lease which the Interior
US EPA Proposes PFAS Hazardous Substances Designation
In a landmark action, US EPA recently proposed to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” If finalized, this rule would require entities to report releases of those PFAS substances and would authorize US EPA to order cleanups by potentially responsible parties. Given the potential for widespread liability for such parties if the rule is finalized, it is likely to trigger significant debate from supporters and challengers alike.
Agricultural Law Weekly Review—Week Ending Sept. 9, 2022
Pesticides/Herbicides: Bayer Wins Fifth Consecutive State Court Roundup Trial And Court Filing Discloses Intent To Seek More
On September 1, 2022, after a trial which began on August 3, a St. Louis County, Missouri state court jury returned a defense verdict after only a few hours of deliberation in favor of herbicide manufacturer Monsanto (Bayer’s
FTC Says Updated Green Guides are Coming
With allegations of greenwashing all but de rigueur, businesses should be on the alert for the soon to be released Federal Trade Commission’s updated Green Guides.
DOL Adopts an Expanded OSHA Severe Violator Enforcement Program
By James L. Curtis, A. Scott Hecker, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On September 15, 2022, U.S. Department of Labor’ Occupational Safety and Health Administration announced expanded criteria for placement in its Severe Violator Enforcement Program (“SVEP”). The new criteria widens the
European Commission Proposes Legislation to Prohibit Products Made or Imported With Forced Labour
The proposal highlights the growing global focus on companies’ human rights obligations not just towards employees but also towards workers in their supply chains.
By Paul A. Davies, Michael D. Green, and James Bee
On 14 September 2022, the European Commission (the Commission) introduced a proposed Regulation (the Proposal) which seeks to ban products made using forced labour from being produced in or imported into the EU. The Proposal is the latest example of the increasing amount of legislative requirements being developed in relation to ESG considerations in companies’ supply chains, particularly concerning human rights issues.
Bitcoin, Blockchain and Transmission System Capacity ─ A Renewable Solution?
Bitcoin was introduced in 2008 as a decentralized currency that could be transmitted through a peer-to-peer network and recorded on a ledger known as a “blockchain.” Like any new and emerging industry, cryptocurrencies have been subject to a high level of public, regulatory and legislative scrutiny.
Fish and Wildlife Service Proposes to List Tricolored Bat as Endangered
On September 14, the U.S. Fish and Wildlife Service (FWS) issued a proposal to list the tricolored bat (Perimyotis subflavus) as an endangered species.
Sixth Circuit’s Interlocutory Order Reviewing PFAS Class Action Highlights Issues With Certifying Class
The Sixth Circuit issued an order on September 9, 2022 granting review of a class certification from March 7, 2022 that certified a class of roughly 11.8 million Ohio residents claiming injuries from per- and polyfluoroalkyl substances, or PFAS.
Background
Filed in 2018 in the Southern District Court of Ohio, the lawsuit alleged the named