The bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Act”) signed by President Biden on November 15, 2021 provides for $10 billion in funding to address PFAS contamination, nationwide. In a letter to governors dated December 2, 2021, EPA identified its aspirations for this Infrastructure Act funding, which include addressing PFAS and other emerging contaminants
New Jersey Seeks Comment On Carbon Sequestration Strategy In Natural and Working Lands
On December 13th, the New Jersey Departments of Environmental Protection and Agriculture introduced a joint “Natural and Working Lands Strategy Scoping Document” as part of the State’s climate change strategy.
New Jersey has implemented a progressive and comprehensive climate change strategy over the past several years, including adopting a goal of reducing greenhouse gas emissions
Third Appellate District Recognizes Unique Regional Resources at Lake Tahoe in Finding Olympic Valley Resort EIR Flawed
In September 2021, the Third District Court of Appeal in Sierra Watch v. Placer County reversed a judgement upholding Placer County’s Environmental Impact Report (EIR) for a resort development project in the Olympic (formerly Squaw) Valley area. In the published portion of the opinion, the court found errors in the EIR’s description of the environmental
A Dry 2021 in California Prompts Water Conservation Response
Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist.
By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass
This year has been critically dry and hot for California, resulting in déjà vu as the federal and state governments
Agricultural Law Weekly Review – Week ending December 3, 2021
Pesticides/Herbicides: EPA Publishes Pesticide Registration Review Schedule Through 2025On December 2, 2021, the U.S. Environmental Protection Agency (EPA) announced the agency’s pesticide registration review schedule through fiscal year 2025, which the agency states it will now update quarterly rather than annually, the agency’s historical precedent. Although the 2007 amendments to the Federal Insecticide Fungicide,
Net Zero Pledges by Businesses are Fraught with Risk
I am excited to be presenting a one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” Not just for lawyers, this Tuesday, December 14 at noon. Register today for the live virtual program.
Calculating net zero is ill defined, unregulated and complex. Businesses making a net zero claim like, “we
Navigating Environmental Justice Issues in Federal Permitting
The American Bar Association published an article, Navigating Environmental Justice Issues in Federal Permitting, which discusses Environmental Justice in federal permitting by Hunton Andrews Kurth attorneys Kerry McGrath, Andrew Turner, John Bobka, and Mayer Brown attorney Lauren Bachtel.
IOSCO Report Highlights ESG Data Deficiencies, Calls for Oversight and Makes Remedial Recommendations
On November 23, 2021, the International Organization of Securities Commissions (IOSCO) issued its “Environmental, Social and Governance (ESG) Ratings and Data Providers” final report in which IOSCO makes 10 recommendations related to the use of ESG ratings and data products in financial markets. In a new Legal Update, we discuss the report and
Environmental Justice in the Environmental Review Process: Center for Community Action and Environmental Justice v Federal Aviation Administration (9th Cir. November 18, 2021)
The Ninth Circuit Court of Appeals decision in Center for Community Action and Environmental Justice v Federal Aviation Administration reads like an ordinary environmental review decision. The issue was whether the agency took the required “hard look” at the potential environmental impacts and the court said that it did. It is the dissent that should
Updated ASTM Standard for Phase I Environmental Site Assessments Just Released
By Jeryl L. Olson, Rebecca A. Davis, Ilana R. Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment