With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any new rules in 2021 regarding these disclosures, the SEC has been actively commenting on climate change disclosures, and new rules
Happy Halloween from our Furry Friends from Princeton to all of you
This is a great start to a happy, healthy and safe holiday season. Enjoy!!!
Baxter as no costume for me Blarney as WWI Flying Aces Buster the Superdog Albi the Cadbury Lion-Bunny
Winds of Change: Recent Updates to the Biden Administration’s Ambitious Offshore Wind Plan
On October 13, 2021, the Biden Administration announced its plan to develop seven major offshore wind farms on the East and West coasts and in the Gulf of Mexico. These projects are part of President Biden’s plan to deploy 30 gigawatts of offshore wind energy by 2030, which would generate enough electricity to power more
Does putting a label on a ‘whole substance’ make sense from a public health perspective?
This insights column, originally published in Chemical Watch, provides a refresher on the important distinctions between hazard and risk based approaches and discusses them in the context of the findings of the EPA TSCA risk evaluations. The completed TSCA risk evaluations make findings of “no unreasonable risk” or presents “unreasonable risk” for each condition of use evaluated that is evaluated. However, EPA is considering modifying the existing findings, and the approach for future risk evaluations. This column discusses what this might look like and whether this planned approach is consistent with the 2016 Lautenberg Amendments to TSCA.
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated
Supreme Court Grants Cert On GHG Regulation Of Power Plants
On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung Association v. EPA, No. 19-1140 (D.C. Cir. 2021). More to the point, the
EPA Increases Environmental Justice- Related Reviews and Enforcement
Under the Biden-Harris administration, the U.S. EPA has made advancing Environmental Justice (EJ) a leading priority. At times it has felt like EPA releases an EJ-related announcement, policy, or guidance every day. While that may be an exaggeration, EPA has taken numerous actions related to EJ issues over the last nine months. Perhaps the most
From Worse to Bad: New draft of “Build Back Better” Legislation Reduces But Doesn’t Eliminate New Financial Burdens on Hardrock Miners Operating on Federal Land
Everyone has heard a bad joke where the setup for the punchline is “well, it coulda been worse”. Hardrock mining companies operating on federal public lands presumably didn’t feel like laughing when the House Natural Resources Committee released its committee print for President Biden’s proposed “Build Back Better” (BBB) legislation in
What You Need to Know About the Biden Administration’s “Long-Term Strategy” with “Pathways to Net-Zero Greenhouse Gas Emissions by 2050”
On November 1, 2021, as the world commences the COP26 gathering in Glasgow, Scotland, for the next round of global climate negotiations, the White House, under the signatures of John Kerry, Special Presidential Envoy for Climate, and Gina McCarthy, National Climate Advisor, issued a strategy stating that achieving net-zero GHG emissions by 2050 is possible and outlining the broad steps for doing so. The Long-term Strategy of the United States: Pathways to Net-Zero Greenhouse Gas Emissions by 2050 includes the following key elements:
Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within Existing Shopping Center
In an opinion filed September 28, and certified for publication on October 26, 2021, the Fourth District Court of Appeal (Div. 3) affirmed a judgment denying a writ petition challenging the City of Tustin’s finding that a Costco gas station/ancillary facilities project in an existing shopping center was categorically exempt from CEQA. Protect Tustin Ranch v. City of Tustin (Costco Wholesale Corporation, Real Party in Interest) (2021) 70 Cal.App.5th 951. As did the trial court, the Court of Appeal rejected Petitioner/Appellant’s arguments that the project exceeded the 5-acre size limit of the Class 32 infill exemption (CEQA Guidelines, § 15332) and that the “unusual circumstances” exception precluded the City’s use of the exemption.