In a sprawling, 123-page published opinion filed on February 14, 2022, the Third District Court of Appeal affirmed in part, and reversed in part, judgments in consolidated CEQA actions challenging Placer County’s EIR for its approval of a specific plan and rezoning to permit residential and commercial development and preserve forest land in the Martis Valley near Truckee and Lake Tahoe. League to Save Lake Tahoe, Mountain Area Preservation, et al./California Clean Energy Committee v. County of Placer, et al. (Sierra Pacific Industries, et al., Real Parties in Interest) (2022) 75 Cal.App.5th 63. Consistent with its impressive length, the opinion decides a number of significant issues, and contains a thorough exposition of established CEQA rules and principles, including, but not limited to, those governing: applicable standards of review; baseline/environmental setting description; lead agency discretion regarding thresholds of significance, methodology for impact study, and significance determinations; cumulative impacts (including GHG) analysis; and requirements for adequate mitigation measures.
Human Rights and the Environment – EU publishes draft Corporate Sustainability Due Diligence Directive
On 23 February 2022, the European Commission published its much-anticipated draft corporate sustainability and due diligence directive (the Draft Directive), after a number of delays (see our Previous Blog). The Draft Directive sets out a proposed EU standard for human rights and environmental due diligence (HREDD). This includes an obligation for companies to take appropriate measures to identify actual and potential adverse human rights and environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their “established business relationships”. The Draft Directive also provides a mechanism for sanctions to be imposed for non-compliance with the due diligence obligations and provides for director responsibility and accountability in relation to a company’s HREDD programme.
Whilst the Draft Directive remains subject to further legislative scrutiny and approval, it provides the most detailed insight yet as to the scope and form of the prospective EU HREDD obligations, and it provides a helpful template for corporates to continue developing their due diligence policies and procedures designed to identify, assess and mitigate adverse human rights and environmental impacts – both in their operations and in their supply chains.
The Winds of Change & Louisiana’s New Greenhouse Gas Reduction Plan
In August of 2020, Louisiana Governor John Bel Edwards issued an executive order establishing emission reduction goals of reaching net zero greenhouse gas (GHG) emissions by 2050, putting the state in line with pledges made under the Paris Agreement, and by the federal government, 25 other states, and hundreds of companies in the private sector.
White House Announces New Initiatives and Guidance on Clean Energy Transition
CCUS and clean hydrogen will play a significant role in the Administration’s efforts to address hard-to-decarbonize industries to promote clean US manufacturing.
By Janice Schneider, Nikki Buffa, and Kevin Homrighausen
On February 15, 2022, the White House announced important actions in furtherance of the Biden Administration’s broader decarbonization goals — this time with an eye toward clean domestic manufacturing. Framing the rollout, the White House released a fact sheet highlighting the Administration’s efforts for a “Cleaner Industrial Sector to Reduce Emissions and Reinvigorate American Manufacturing,” including “Buy Clean,” hydrogen, and carbon capture, utilization, and storage (CCUS) announcements.
These efforts include kicking off multibillion-dollar hydrogen funding opportunities provided by the Infrastructure Investment and Jobs Act (IIJA, also known as the Bipartisan Infrastructure Law) and new draft guidance from the White House Council on Environmental Quality (CEQ) titled Carbon Capture, Utilization, and Sequestration Guidance to assist federal agencies with the regulation and permitting of CCUS projects.
As more companies jockey for position and federal funding on both clean hydrogen and CCUS, the announcements are timed to provide critical guidance on these emerging areas of opportunity.
Tackling Greenwashing: ESMA publishes its Sustainable Finance Roadmap for 2022-2024
On 11 February, the European Securities and Markets Authority (“ESMA“) published its Sustainable Finance Roadmap for 2022-2024 (the “Roadmap“).
The Roadmap builds on ESMA’s 2020 Strategy for Sustainable Finance and will be of interest to those in the EU and beyond looking to understand the focus and ambition of the EU’s
Data Collection of Antimicrobial Use In Animals
Concerns about the potential for antibiotic resistance started when they were first introduced as life-saving tools in human medicine. Despite such concerns, the importance of these tools for public and animal health have been memoralized:
Since the discovery of penicillin in the late 1920s, hundreds of antimicrobial agents have been developed for anti-infective therapy. Antimicrobials
California Air Resources Board Begins Process to Update Low Carbon Fuel Standard Regulations
On Dec. 7, 2021, the California Air Resources Board (CARB) began the process of updating California’s Low Carbon Fuel Standard (LCFS) by holding a virtual workshop where CARB staff discussed their initial amendment proposals. The goal of the LCFS update is to align the LCFS with CARB’s AB 32 Scoping Plan Update, which will be
California Clean Hydrogen Bill Targets Alternative Energy Sources for Expansion
A new “Clean Hydrogen Bill” (SB 1075, Skinner) has been introduced in the California Legislature as a means of achieving the State’s goals for reducing greenhouse gas emissions and mitigating climate change. If passed, this bill would significantly increase the emphasis on “green hydrogen” as an alternative fuel in California’s economy, opening up
Washington Supreme Court finds that a “person” can be a victim of a crime of domestic violence if their pet is subjected to acts of animal cruelty
A Washington Supreme Court found that a person can be a victim of a crime of domestic violence if their pet is subjected to acts of animal cruelty by a partner to cause the person/victim psychological harm. Such cases require a fact-based inquiry of the underlying crime, the validity of the domestic relationship, and the
The Trend Toward Heightened Cybersecurity for the US Water Utility Sector
With high-profile cybersecurity attacks in 2021 such as those at Colonial Pipeline and JBS Foods, there is no doubt that cybersecurity is of utmost importance to our nation, and cybersecurity for our water sector is no exception. The potential ramifications of a cyber attack on the water industry are disconcerting—in one 2021 attack, hackers accessed system software that allowed them to adjust the level of a water treatment chemical in the water treatment process. Through the Biden-Harris Administration’s recent announcement that it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative (Initiative) to the water sector through the Water and Wastewater Sector Action Plan (Action Plan), the Administration recognized an ongoing commitment to evaluating and improving this sector’s cybersecurity.