Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020.
I’m going to focus on one in particular, because it could be a good test of just how far
Shale Law Weekly Review—Week of June 6, 2022
Municipal Regulation: PA Senate Bill on Utility Regulation Proceeds to House for Consideration
On May 25, 2022, the Pennsylvania House of Representatives Local Government Committee approved SB 275 for full consideration by the House. SB 275 would amend Title 53 of the Pennsylvania Consolidated Statutes and prohibit municipalities from adopting restrictions against or discriminating
Agricultural Law Weekly Review—Week Ending June 3, 2022
Avian Influenza: New Commercial HPAI Detections Plummet Nationally
As of June 13, 2022, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS)’s HPAI 2022 Confirmed Detections database confirmed a total of 369 highly pathogenic avian influenza (HPAI) detections in 36 states (186 commercial flocks and 183 backyard flocks), resulting in 40.09
Climate Litigation and the Brazilian Supreme Court: A Follow-Up on the “Green Agenda” and the Trial Sessions That Took Place in April and May
In a previous blog post that can be read here, we provided an overview on how – for the first time – the Brazilian Supreme Court had trial sessions scheduled in connection with several climate litigation cases, starting on 30 March 2022, covering ADIs (Ação Direta de Inconstitucionalidade), ADOs (Ação Direta de Inconstitucionalidade por Omissão) and ADPFs (Ação de Descumprimento de Preceito Fundamental), all of which are types of lawsuits that seek to address Constitutional violations. Two months later, five lawsuits of the so-called Supreme Court’s “green agenda” have gone through trial and three have been ruled on.
Glossary of Greenhouse Gas Terms
34 terms we suggest are needed to understand the new regulation of GHG emissions,
Equity Action Plans: Government Agencies Prioritize Environmental Justice
In an effort to “redress inequities in [Federal] policies and programs that serve as barriers to equal opportunity,” the Biden administration has set forth an agenda to identify areas of improvement and advance equity across the Federal Government. On January 20, President Biden issued Executive Order 13985 which requires agencies to produce “Equity Action Plans”
401 Certification Proposal Hits the Street
EPA released a pre-publication version of its proposal to re-write the Clean Water Act 401 Certification Rule. The proposed re-write comes after the Northern District of California vacated EPA’s 2020 Certification Rule, which the U.S. Supreme Court later reinstated. The proposal also includes conforming amendments to EPA’s certification regulations for the Section 402 NPDES
Sixth District Belatedly Orders Published Its Opinion Upholding Constitutionality Of Judicial Council’s Emergency Rule Altering CEQA’s Statutes Of Limitations
On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside (KB Bakewell Seaside Venture II, LLC, Real Party in Interest) (2022) ___ Cal.App.5th ___ be published. Matt Henderson’s and my May 20, 2022 post discussing and analyzing the Court’s decision, which is now precedent and can be cited as such, can be found here.
ESG and Law Institute Hosts Virtual Roundtable on Impact of EC’s Upcoming Sustainable Finance Disclosure Regulation
On May 17, the ESG and Law Institute hosted a virtual roundtable, “Upcoming Collision: SFDR and Human Capital Data,” with general counsel, heads of ESG, chief compliance officers and other C-Suite executives from top financial institutions and asset management firms.
Dave Curran, executive director of the Institute and co-chair of the Paul, Weiss ESG Advisory
“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine
By Adam R. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega
Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.
The Multi-Employer Worksite Doctrine