The United States Environmental Protection Agency (EPA) recently made several announcements regarding its goals for investigating, regulating, and remediating Per- and Polyfluoroalkyl Substances (PFAS), a group of chemicals used in a variety of consumer and industrial products since the early 1940s. In the environment, PFAS can be found in soil, groundwater, surface water, and the air. PFAS are ubiquitous in the environment due to their widespread use, their ability to travel long distances, and the long length of time it takes for them to break down. Although they have been subject to study for some time under the Safe Drinking Water Act, PFAS, known as “emerging contaminants,” are not comprehensively regulated at the federal level. EPA’s announcements demonstrate its intent to develop regulation of this category of chemicals.

On October 28, 2021, the Department of Interior announced three major milestones to advance commercial offshore wind energy development, one of those impacting the Gulf of Mexico.

The Bureau of Ocean Energy Management (“BOEM”) will publish a Call for Information and Nominations (“Call”) on November 1, 2021 in the Federal Register. The Call will allow

Using carbon dioxide to produce oil could be a key technology to transition to an energy landscape with lower greenhouse gas emissions.

Injecting CO2 into an oil formation to produce oil is known as enhanced oil recovery (EOR).  The injected CO2 not only increases pressure in the formation, which aids production, but under certain conditions, the CO2 will mix with oil trapped within the rock in the formation, causing it to become mobile and able to be produced.

If there was any question that the judiciary was a coequal and political branch of government, last Friday after President Biden was wheels up to attend the COP26 Glasgow climate conference, the Supreme Court agreed to review the Environmental Protections Agency’s authority to regulate greenhouse gas emissions.

This litigation over the EPA’s scope of authority

A wide-ranging report encourages regulators to take a concerted approach to combat climate-related risks to the US financial system.

By Jean-Philippe Brisson, Paul A. Davies, Nicola Higgs, Malorie R. Medellin, and Deric Behar

On October 21, 2021, the Financial Stability Oversight Council (FSOC) published a lengthy report on Climate-Related Financial Risk (the Report), marking the first time that FSOC has officially identified climate change as an emerging and increasing threat to US financial stability. FSOC issued the Report pursuant to a directive in President Biden’s May 2021 Executive Order on Climate-Related Financial Risk, which tasked FSOC to assess and collaboratively address climate-related impacts on US financial system stability.

The Report is another building block in the Biden Administration’s “whole of government” approach to combating climate change and the climate-related risks that threaten the US economy. The Report comes just days after the Administration issued “A Roadmap to Build a Climate-Resilient Economy” (the Roadmap), which heralded the Report as “the first step in a robust process of US financial regulators developing the capacity and analytical tools to mitigate climate-related financial risks.” (See this Latham post for more information.)

On October 28, 2021, the Louisiana Department of Revenue (the “Department”) publicly announced a transfer pricing managed audit program in Revenue Information Bulletin No. 21-029 (October 26, 2021). Louisiana’s program is similar to managed audit programs recently introduced in other states, such as Indiana and North Carolina. However, unlike some other states, Louisiana’s managed

As with any multinational showcase meeting, delegates at each COP (and especially its host) want the meeting to be seen as a success. As the 26th COP approaches, it is in some ways salutary to look back at previous COPs and identify those outcomes which made them a hallmark meeting and the failures which made others less memorable. In recent years, COP15 in Copenhagen was regarded as a failure because despite high hopes and great hoopla it failed to gain agreement by the UNFCCC signatories on taking action to reduce carbon emissions and ended with the weak “agreement to agree” known as the Copenhagen Accord. The COP21 in Paris is regarded as a success in that 196 countries agreed to take action to slow and eventually reduce carbon emissions (“Paris Agreement”). Furthermore, the Paris Agreement aspired to limit global warming to 1.5 degrees above pre-industrial levels, adding to the 2 degree limit from 1970 temperatures. Of course, there was much else that was positive to come out of Paris, including a commitment by developed nations to deliver $100 billion a year for five years from 2020 to help poorer countries address climate change. There were a number of other significant agreements which we have considered previously.

However, as a delayed COP26 is about to start, the world in which the Paris Agreement was fashioned looks markedly different to the world today. In 2015 relations between the major industrial nations were more cordial (or at least not as fractious) as they are today. Heads of governments and business leaders were both present and committed. Climate change featured large on political and social agendas; the Pope issued his encyclical ‘Laudato si’, calling for human action to combat global warming; the host country generated over 90% of its electricity from zero carbon sources (including nuclear), and, whilst the issues were pressing, they still seemed solvable, provided countries delivered on their Nationally Determined Contributions (NDCs).

On October 26, 2021, the U.S. EPA announced it will initiate two rulemakings that will take significant steps to address PFAS contamination across the country. The first rulemaking will designate four of the so-called “forever chemicals” as hazardous wastes under RCRA. The four PFAS that will be the subject of this rulemaking are perfluorooctanoic acid