Jerry Anderson of Drake University Law School recently did an interesting post regarding environmental enforcement. I recommend the full post, but I particularly wanted to bring my readers’ attention to a figure Jerry included in the post.
For those who have worked in EPA Region 1, this may not be a total surprise – and
Science Based Targets Initiative Sets 2022 Action Plan
Market participants can expect the initiative’s proposals to offer guidance on setting targets for emissions reduction and decarbonisation.
By Paul A. Davies, Michael D. Green, and James Bee
On 12 January 2021, the Science Based Targets initiative (SBTi) published its “SBTi Climate Action in 2022” proposals (the 2022 Proposals), highlighting the areas that the organisation is seeking to work on and develop throughout 2022. The SBTi is a partnership between the CDP (formerly the Carbon Disclosure Project), the UN Global Compact, the World Resources Institute, and the World Wide Fund for Nature, which seeks to mobilise the private sector to reduce its carbon footprint by defining, promoting, and verifying best practices in corporate emissions reduction strategies in line with the goal of the Paris Agreement to limit global temperature increases to 1.5°C above pre-industrial times.
The SBTi continued to grow rapidly throughout 2021, with more and more companies setting SBTi-aligned or verified targets and stakeholders increasingly expecting corporate climate commitments and targets to be aligned with SBTi. As a result, the 2022 Proposals, by identifying the key areas which SBTi is seeking to develop this year, may considerably impact a large number of companies looking to set climate targets.
US Safe Drinking Water Act Section 1441: A Tool to Combat Supply Chain Issues for Public Water Systems and POTWs
As the United States continues experiencing nationwide supply chain issues, it comes as little surprise that these problems are also impacting the availability of drinking water and wastewater treatment chemicals. Public water systems (PWSs) and publicly owned treatment works (POTWs) have reported shortages of gaseous chlorine as well as other critical chemicals and supplies. US EPA encourages PWSs and POTWs to work with their chemical suppliers, consult their primary agency, and seek local resources to address shortages where possible. However, if supply complications continue after exploring these avenues, PWSs and POTWs may seek relief under Section 1441 of the Safe Drinking Water Act (SDWA).
Key Takeaways for the Regulated Community from the Supreme Court’s Vaccine Mandate Decisions
As our colleagues have noted, the U.S. Supreme Court’s two vaccine-mandate-related decisions impact employers and have significant public health implications.
Outside of the public health context, both decisions ― in cases styled National Fed. of Independent Businesses v. Occupational Safety and Health Administration (OSHA) and Biden v. Missouri ― provide significant guidance related to principles of administrative law, with which the regulated community will have to grapple in future policy challenges in federal court.
NJ Rabies Notification Requirements Properly Amended by Governor’s Veto
As previously described, NJ bill A1219 would require veterinarians or health officials to notify known pet owners prior to rabies testing of the deceased pet, which currently involves decapitation to provide maximum protection to laboratory professionals conducting such testing. The bill was conditionally vetoed by the Governor, who has proposed reasonable amendments regarding
Leveraging Taxonomies: How Asset Managers Are Using New Sustainability Classification Systems – Part III
The sustainable investing market is witnessing remarkable growth: since 2018, annual cash flows into sustainable funds have increased tenfold. Now, more than ever, investors and asset managers alike seek sustainable products and strategies offering robust financial returns. The field, however, has been haunted by greenwashing claims and a lack of consistency in identifying what, exactly, makes an investment “sustainable”.
Sustainability or “green” taxonomies developed by governments, international bodies and non-governmental organizations (NGOs) can help resolve these challenges and inconsistencies by identifying specific assets, activities or projects that meet defined thresholds and metrics that quantify sustainability. These systems can cover the full spectrum of sustainability topics, from achieving acceptable levels of greenhouse gas emissions to compliance with certain human rights standards. Among other benefits, sustainability taxonomies can:
- assist investors, asset managers and asset owners in identifying sustainable investment opportunities and constructing sustainable portfolios that align with taxonomy criteria;
- drive capital more efficiently toward priority sustainability projects;
- help protect asset managers against claims of greenwashing by providing an independent benchmark for the sustainability performance of investments; and
- guide future public policies and regulations targeting specific economic activities based on taxonomy criteria.
In this series of Blog Posts, we first provide a brief overview of some of the key existing and developing taxonomies around the world. We then set out our analysis of the ways asset managers are already leveraging taxonomies in their businesses based on a review of publicly available responsible investment reports. Finally, we highlight certain challenges that asset managers may encounter as these systems develop and interest in sustainable investing continues to grow.
Continue reading this Part III to understand some of the taxonomy-related challenges that asset managers may encounter. You can find Parts I and II here and here.
FTC Regulates What You can Say about Your Solar Panels
If a business generates renewable electricity but sells renewable energy certificates for that electricity, it would be deceptive for the business to represent that it uses renewable energy
Supreme Court Stays Implementation of OSHA ETS
As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Yesterday, the United States Supreme Court reinstated the stay of OSHA’s ETS, ultimately sending the rule back to the Sixth Circuit to await a full review on the merits.
In the
Tenth Circuit Decision Could Pave the Way for More Frequent Clean Air Act Enforcement
Demonstrating standing can be challenging for plaintiffs in environmental cases. The issues are addressed in court decisions with some regularity – see here and here. A recent Tenth Circuit decision in UPHE v. Diesel Power Gear, LLC, involving Clean Air Act (CAA) allegations against modifications to vehicles – in CAA parlance, “mobile source” – provides interesting guidance into what plaintiffs need to allege to have standing, at least in the Tenth Circuit. The take-away is that even though the impact of individual “defeat devices” on the environment might be small, courts may permit parties to bring claims about them in federal court.
EPA Announces Key CCR Policy Amid Alternative Closure Determinations
On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact with groundwater.” Although EPA claims it has “consistently held” this interpretation, this is the first time EPA has expressly articulated this view. Perhaps acknowledging the novelty of its position, EPA also announced its intent to “review … state-level CCR program applications to ensure they are as protective as federal regulations” and to proceed toward a federal CCR permitting framework.