The government also introduced transition plan requirements for companies to meet the UK’s 2050 net zero target.

By Paul A. Davies, Michael D. Green, and James Bee

On 3 November 2021, the International Financial Reporting Standards (IFRS) Foundation Trustees Chair, Erkki Liikanen, announced the long-awaited formation of the International Sustainability Standards Board (ISSB). The ISSB aims to address to one of the key issues that companies and investors have faced in relation to environmental, social, and governance (ESG)-related corporate reporting over recent years — the wide variety of different reporting frameworks and a lack of an authoritative market leader.

Liikanen also announced the consolidation of two of the leading sustainability disclosure organisations into the ISSB by June 2022, and introduced prototype climate and general disclosure requirements (the Prototypes), which the ISSB will consider as the basis of its work.

Last week, the Supreme Court of the United States heard argument in Badgerow v. Walters[1] as to an important jurisdictional question under the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq. Specifically, the question presented to SCOTUS was whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under

The State and eNGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court.

By Joshua T. Bledsoe and Jennifer Garlock

On October 13, 2021, the State of California, on behalf of the Office of the Attorney General and the California Air Resources Board (CARB, and together, the State), filed a motion to intervene in a federal lawsuit challenging the South Coast Air Quality Management District (SCAQMD or the District) adoption of Rule 2305. Rule 2305 is the Warehouse Indirect Source Rule (ISR) – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. Plaintiff, the California Trucking Association (CTA), filed a complaint in the US District Court for the Central District of California on August 5, 2021, to which the District filed an answer on October 7, 2021.[i] In addition to the State, Airlines for America filed a motion to intervene as a proposed plaintiff, while a group of environmental NGOs seek to intervene as proposed defendants. Each proposed intervenor is discussed further below.

In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be prepared whenever a project may have any significant environmental effect; it thus reversed the trial court’s judgment that had allowed a deficient revised Mitigated Negative Declaration (MND) and its mitigation measures to remain intact while ordering Yolo County to also prepare an EIR limited to addressing only the project’s impacts on three species of concern (tricolored blackbird, valley elderberry longhorn beetle, and golden eagle).  The Court of Appeal reversed and remanded with instructions to issue a peremptory writ directing the County to set aside its MND approval and to prepare a full EIR instead.  Farmland Protection Alliance v. County of Yolo (2021) 71 Cal.App.5th 300.  (In the unpublished portion of its opinion, which won’t be further discussed in this post, the Court of Appeal held the trial court was correct in finding that substantial evidence supported a fair argument that the project may have a significant impact on the beetle, thus requiring an EIR, and also concluded the trial court did not err in upholding the County’s determinations that the project was consistent with the Williamson Act and County’s zoning code.)

Climate change could have serious impacts on the mortgage industry, and stakeholders should take action now. That is the recent urgent message from federal regulators and mortgage industry stakeholders.

Recent reports and initiatives from the Mortgage Bankers Association’s Research Institute for Housing America, the White House, the Departments of Housing and Urban Development, Veterans Affairs

The much-anticipated vaccine rule is here.  On November 4, 2021, and in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Commission, issued the Emergency Temporary Standard (“the Rule”), requiring mandatory vaccination or weekly COVID testing for many U.S. employers.  The Rule is effective immediately.

By Scott HeckerAdam YoungNoah FinkelDavid BaffaJoshua SeidmanLaura MaechtlenCamille OlsonKristin McGurnLawrence Lorber,  Brent Clark, Jim Curtis, Ben Briggs and Patrick D. Joyce

Seyfarth Synopsis: The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and