A local air district approved a rule requiring warehouses to adopt clean technologies or pay a mitigation fee.

By Joshua T. Bledsoe and Jennifer Garlock

At a contentious board hearing on May 7, 2021, the South Coast Air Quality Management District (SCAQMD) approved a first-in-the-nation rule to regulate trucking emissions from warehouses by a 9-4 vote. Rule 2305, the Warehouse Indirect Source Rule (ISR), establishes the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program to reduce emissions associated with warehouse activity. The WAIRE Program essentially requires warehouse operators to take actions to electrify warehouse activities and the trucks that visit warehouses in order to reduce nitrogen oxides (NOx) and diesel particulate matter (DPM) emissions. As previewed in a 2019 Latham blog post, despite the warehouse sector’s limited control over the types of trucks servicing its facilities (warehouses generally do not own or operate trucking fleets), the ISR imposes obligations on warehouses to indirectly reduce trucking emissions. The WAIRE Program applies to warehouses with more than 100,000 square feet of warehouse space in a single building, and will phase in over three years based on warehouse size, with the largest warehouses (i.e., more than 250,000 square feet) having the earliest compliance period.

On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action under §113(f)(3)(B). This decision is the Court’s latest attempt to provide clarity to CERCLA by evaluating the United States’ often inscrutable interpretations of the statute…

In two recent certificate orders issued on May 20, 2021, the Federal Energy Regulatory Commission (“FERC”) did not assess the significance of the greenhouse gas (“GHG”) emissions of natural gas pipeline projects in terms of their contribution to climate change. This seems to be a step back from a March, 2021 order, which indicated that FERC would consider the significance of natural gas emissions in the context of a certificate involving pipeline replacement facilities, but reflects an unusual last-minute compromise reached during an open meeting in order to gain sufficient votes to approve the certificates.

This is the fifteenth in our series on “The ABCs of the AJP.”

Historically, offshore wind has made up a very small percentage of America’s total electricity generation portfolio.  The winds of change are blowing, though, as the Biden Administration’s American Jobs Plan (“AJP”), among other federal actions, signals a new commitment to harnessing this renewable energy source.

The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and Community Right-to-Know Act (EPCRA) Toxic Release Inventory (TRI) programs.  The TRI and CDR programs are…

European Union - EU - Brussels

On 21 April 2021, the EU Commission announced its proposal to extend existing sustainability reporting in a new Corporate Sustainability Reporting Directive (CSRD).  The proposal, which revises the Non-Financial Reporting Directive (the “NFRD“), will extend the reach of sustainability reporting to more companies and will cover more sustainability topics.

This is part of a wider, concerted effort by the EU to legislate for greater E, S and G reporting and accountability standards, like the EU’s proposed mandatory human rights and environmental due diligence law.  It is also part of a larger global trend: for example, New Zealand recently introduced a new Climate Disclosure Law (see our Blog Post on this here). Companies are increasingly embracing voluntary sustainability reporting but there are increased demands for mandatory reporting – the Global Reporting Initiative (GRI) for instance called for mandatory reporting in December last year. However companies’ standards of  voluntary reporting are of variable quality and often do not address the impacts of companies’ business activities on people and the environment.

Key aspects of the proposed Sustainability Reporting Directive:

  • More companies would be asked to report on sustainability, up from 11,000 previously to nearly 50,000.
  • The “double materiality perspective” is further reinforced – that is companies have to report on the impact of their business activities on people and the planet across the full value chain, as well as the sustainability risks for the business itself, and to disclose the process for determining their material issues.
  • Measurements of sustainability will be more consistent, reliable, and therefore comparable, for investors and other stakeholders.
  • Timing is subject to change, but it is expected these measures would take effect in 2024, i.e. reporting on the financial year ending 2023.
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    In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution after the developer successfully defended a meritless CEQA lawsuit against its construction of a private…

    Indulge me for a moment by imagining that you’re preparing for the trip of a lifetime. As you dutifully click through your packing checklist, you also take the time to learn a few key foreign language words and phrases for the countries that you’ll be visiting. Experience has proven that knowing simple greetings and pleasantries in another language not only elevates your travel adventures but can also save the day if your expertly planned travel itinerary hits a roadblock. The same can be said for working with the US Army Corps of Engineers (Corps). While visiting the Galveston District of the Corps may not be as high on your bucket list as a trip to Cinque Terra, knowing how to speak the language is nonetheless essential. Don’t worry, I’m here to serve as your non-official Corps language coach.