Last week, the U.S. Securities and Exchange Commission (SEC) announced the creation of a new 22-person Climate and Environmental, Social, and Governance (ESG) Task Force in its Division of Enforcement, a notable development in a series of recent steps taken by the Biden administration focused on increasing ESG accountability.
The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns.
By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall
On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut, as well as the Mayor of the District of Columbia, announced that their respective jurisdictions would establish the Transportation & Climate Initiative Program (TCI-P) and released a memorandum of understanding (MOU) describing the agreed-upon principles for adoption and implementation of the TCI-P. While not part of the MOU, the states of New York, New Jersey, Delaware, Maryland, Virginia, Vermont, Pennsylvania, and North Carolina released a statement signaling their desire to work with the states party to the MOU and the Transportation & Climate Initiative (TCI) in general. On March 1, 2021, the TCI released draft Model Rules for public review. Once finalized, the Model Rules are intended to be adapted for use by each TCI-P signatory jurisdiction via state-specific rulemaking processes.
Four attorneys from the Energy & Natural Resources Practice at global law firm Greenberg Traurig, LLP, were recognized in the 2021 edition of the prestigious legal services directory Chambers Global. The Mexico City office was also recognized among the publication’s energy ranks, and Rodrigo Vazquez del Mercado-Rivera was recognized as an “Associate to
Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued on January 6, 2021, for five PBTs under section 6(h) of the Toxic Substances Control Act (TSCA).
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New York State continues to supercharge the deployment of renewable energy projects. Building on landmark legislation passed in 2019, New York State’s newly created Office of Renewable Energy Siting (ORES) has now finalized the regulations that will govern siting and permitting of large-scale renewable energy projects greater than 25 MW; projects between 20 and 25MW have the option of proceeding under Article 10 of the Public Service Law or the ORES process. The regulations create a clear glide path that replaces the lengthy and cumbersome process previously established under Article 10. With these new procedures in place, developers can expect a 60-day shot clock for ORES to make a completeness determination, and a 12-month deadline for ORES to issue a final decision on a siting permit to promote cost-effective and efficient development that aligns with New York State’s commitment to fully decarbonize its electric sector by 2040.
I’m a fan of Steven Wright’s sardonic humor and deadpan delivery (“I bought some powdered water… but I don’t know what to add to it.”). Apparently, the US Army Corps of Engineers is also a fan of Wright-esque word play based on a recently announced series of WRDA implementation guidance listening sessions where they are asking non-federal sponsors to —wait for it— speak up!
All joking aside, starting on March 16th, the Corps will be hosting five listening sessions to hear from stakeholders about their policy priorities in the Water Resource Development Act of 2020. My hat’s off to Congress for maintaining bi-annual consideration of WRDA for the eighth consecutive year. Now it’s up to the non-federal sponsor community to ensure that the intent of Congress, or the priorities for your water resource objectives, are reflected in the actual implementation guidance. And that’s no small task.
The topic of environmental justice garnered more attention as the Biden-Harris administration took office. On February 11, HB 432 was introduced by six Democrats in Georgia’s House of Representatives. The proposed bill is titled “Georgia Environmental Justice Act of 2021” and is the first proposed legislation in Georgia that directly addresses environmental justice. Below are the highlights of the contents of the proposed bill.
Winter Storm Uri left millions in Texas without electricity and water in mid-February 2021, opening up threats of mass litigation. Texans seek to hold the state’s primary grid operator, Electric Reliability Council of Texas (ERCOT) and electricity retailers liable. Among the litigation is a $100 million suit brought by family members of an 11-year-old boy and 95-year-old man who both froze to death during the storm. Additionally, a class action suit against ERCOT alleging gross negligence has been filed in Harris County, Texas. More litigation is likely forthcoming as experts predict an avalanche of insurance claims. But should potential Texan defendants be shaking in their cowboy boots? Generally, no, as the current state of the law shows potential defendants may be protected from mass litigation.
On March 3, 2021, the German government adopted a draft bill which obliges companies to ensure that human rights are observed throughout their entire supply chain. The aim of the “draft legislation on corporate due diligence in supply chains” (“Draft Bill”) (“Sorgfaltspflichtengesetz”) is to require companies to take steps to prevent human rights violations in their supply chains. This builds on the growing momentum for mandatory human rights due diligence (see our previous Blog Post).
Under the Draft Bill:
Public agencies prevailed in 68% of CEQA cases analyzed.
By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg
Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether published or unpublished. Below is a compilation of the information distilled from that annual review and a discussion of the patterns that emerged. Latham’s webcast discussing this publication and the key CEQA cases and trends of 2020 is available here.