For those of you who don’t think that worrying about climate change is enough to keep you busy, you might want to take a look at this study commissioned by the WWF, Impacts of Plastic Pollution in the Oceans on Marine Species, Biodiversity and Ecosystems.
The report estimates that approximately 20 million metric tons
State Law Climate Damage Cases (Still) Belong in State Court
In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado counties should nonetheless still be heard in state court. The most important issue in the case
The Biden Administration’s Environmental Justice Policy Agenda: First Steps to Identify How Your Project Fits in the Landscape
The Biden administration has prioritized environmental justice and taken steps in this area that impact businesses with U.S. operations. In a Jan. 24, 2022 speech, EPA Administrator Michael Regan spoke on the Bipartisan Infrastructure Law Funding to replace lead pipes in Wisconsin and across the county. He remarked that “the tragedy of lead exposure is
Diving In: An Interview With Radhika Fox, Assistant Administrator, Office of Water
Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative around water by connecting it back to the community. They also look at her first year accomplishments, the recently passed infrastructure bill, the 50th anniversary of the Clean Water Act, and more.
First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan, Rejects Claims That Changes In Project Or Circumstances Required Subsequent EIR
In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s CEQA exemption for a 469-lot residential subdivision on land adjacent to San Francisco Bay. Plaintiffs unsuccessfully challenged the City’s 2019 subdivision map approval based on the claim that a subsequent EIR was required due to changes in the project and circumstances allegedly showing it would have new significant impacts on the endangered salt marsh harvest mouse (“harvest mouse”) and its wetlands habitat. Citizens’ Committee to Complete the Refuge, et al. v. City of Newark et al., (SI XVII, LLC, et al, Real Parties in Interest) (2021) 74 Cal.App.5th 460.
NJ Leading by Example on Recycling
Bill S2515, signed into law last month, establishes recycled content requirements starting in 2024 for certain plastic, glass and paper packaging and bans polystyrene packing peanuts.
Starting in 2024, rigid plastic containers will be required to contain at least 10% postconsumer recycled content, while plastic beverage containers will need to contain at least 15%.
NJ Leading by Example on Recycling
Bill S2515, signed into law last month, establishes recycled content requirements starting in 2024 for certain plastic, glass and paper packaging and bans polystyrene packing peanuts.
Starting in 2024, rigid plastic containers will be required to contain at least 10% postconsumer recycled content, while plastic beverage containers will need to contain at least 15%.
The Commission adopts its new Climate, Energy and Environmental Aid Guidelines (CEEAG)
The European Commission (the “Commission”) formally adopted on 27 January 2022 its new Guidelines on State aid for climate, environmental protection and energy (CEEAG). The CEEAG replace the guidelines that were in force since 2014 (EEAG) and integrate the new objectives of the EU Green Deal of a reduction of 55% net greenhouse gas emissions compared to the 1990 levels by 2030 and of carbon neutrality by 2050. The Commission has estimated that achieving the new 2030 target would require EUR 390 billion of additional annual investment compared to the levels in 2011-2020, an investment that cannot be borne by the private sector alone, and would therefore require public investments.
California Senate Passes Broad GHG Emissions Reporting Requirements
If adopted, the Senate bill would require large US companies doing business in California to report Scopes 1, 2, and 3 emissions as of January 2024.
By Jean-Philippe Brisson, Marc T. Campopiano, Jennifer K. Roy, Joshua T. Bledsoe, Julie Miles, and Alicia Robinson
The California Legislature is considering a bill to impose corporate sustainability reporting requirements that would substantially expand corporate greenhouse gas (GHG) emissions reporting obligations and, according to the bill’s co-author, impact “the vast majority of the country’s largest corporations, who almost all conduct business in California.” If adopted, Senate Bill 260 (SB 260) would establish a first-of-its-kind mandatory GHG emissions reporting framework requiring regulated entities to report all emissions “scopes,” including Scope 3 emissions (discussed below). The bill could also have impact well beyond California given the state’s ambitious climate policies and the number of large companies that do business in California.
Update on Environmental Justice Initiatives Under the Biden Administration
During his campaign and with several Executive Orders issued during his first week in office, President Biden made clear that environmental justice (EJ) reforms are a priority of his Administration. So, where are we one year into his Presidency? This post provides a brief update on federal programs, initiatives and policies aimed at environmental justice that have been announced or implemented by the Biden Administration during the past year.