In Cedar Point Nursery v. Hassid (decided June 23, 2021) the Supreme Court decided that a regulation that required agricultural employers to allow union representatives to access their property for up to 3 hours per day for 120 days per year, was a per se taking, reversing a 9th Circuit decision that held this regulation
Think Green IV: The Environmental Costs of a New Industry
Marijuana cultivation is, at its core, an agricultural endeavor, requiring large amounts of energy and water to nurture and grow the raw product. Through this series of blog posts, I have considered some of the environmental regulatory issues that may arise with respect to this growing industry. But what about the environmental impacts of marijuana…
The State of Wind Energy in the United States: Blowing into the Gulf of Mexico
The United States has become one of the largest and rapidly-expanding wind markets in the world, with the U.S. Energy Department investing in both land and offshore research and development projects in an effort “to advance technology innovations, create job opportunities and boost economic growth.”[i] In the future, the Energy Department predicts that the…
Anti-Forced Labor Measures Turn Up the Heat on Chinese Solar Equipment Suppliers
- U.S. Customs halts the import of silica-based products from made by Hoshine Silicon Industry Co. because the products are suspected of being produced using forced labor.
- For future imports of solar energy equipment sourced from Xinjiang, China, the United States may use Withhold Release Orders (WROs) to block entry into the United States if there is reasonable suspicion of forced labor in the supply chain.
- The renewables industry is working together and with regulators to find ways to certify its supply chains are free of forced labor.
It Pays to go to College: NCAA Allows College Athletes to Profit from their Name, Image, and Likeness
Effective today, July 1, the NCAA has officially suspended the organization’s rules prohibiting athletes from selling the rights to their names, images, and likenesses (“NIL”). Despite the NCAA’s longstanding principles that payments to athletes while attending college would undermine amateurism of college athletics, the organization’s Division I board of directors decided Wednesday that it would…
Greenberg Traurig Represents Inversiones Latin America Power Ltda. in US$403.9 Million Bond Offering
Path Forward: Why Carbon Capture Is Critical for US Oil
With increasing pressure to fight climate change, scientists, and leaders agree that carbon capture, use, and storage (CCUS) is a cost-effective solution to meet emissions goals made under the Paris Agreement.
In his interview with Hart Energy, Latham partner JP Brisson discusses how aggressive efforts are needed to meet the net-zero goal, but oil and…
NJDEP Shifts Approach to Remediation in Revised Remediation Standards
Significant revisions to the remediation standards (N.J.A.C. 7-26D) were adopted by the New Jersey Department of Environmental Protection (NJDEP) on May 17, 2021. The rule includes:
- A six-month phase-in period ending on November 17, 2021, except when the numeric standard has decreased by more than an order of magnitude.
- Impact to Groundwater, Soil Leachate, and
…
Six Key Items to be Aware of Regarding the Social Loan Principles
Investors are increasingly focused on Environmental, Social, and Governance (ESG), and more companies are reporting on these statistics. Reporting on ESG metrics is challenging because there is a lack of consistency in the market as to what ESG is, how to measure whether ESG is successful, and how that success is rewarded. In the debt capital markets, industry trade groups are working to provide market participants with ESG reporting frameworks in order to unite these ESG reporting efforts and move towards a more uniform reporting standard. The latest proposed framework is the Social Loan Principles published by the Asia Pacific Loan Market Association, the Loan Market Association and the Loan Syndications & Trading Association.
Does “other minerals” language in Ohio deeds include oil and gas? It depends.
Earlier this year, Ohio’s Court of Appeals for the Seventh District weighed in on the question of whether “other minerals” in a deed included oil and gas. The answer is, essentially, it depends.
