On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25 (the “EO”) pursuant to his statutory powers to suspend regulatory statutes during a state of emergency that would impede mitigation of the effects of the emergency. (See, Gov. Code, § 8571.) The new EO followed (by two weeks) an earlier order, Executive Order N-4-25, which suspended CEQA review and Coastal Act permitting requirements to facilitate rapid rebuilding after the disastrous LA/Ventura County wildfires. (I blogged on the earlier Executive Order here.)
Representation and Warranty Insurance – Considerations for M&A Transactions
In M&A transactions, the seller makes representations and warranties to the buyer regarding the business being sold, its ownership, assets, operations, and liabilities. The seller typically indemnifies the buyer from losses incurred post-closing resulting from inaccuracies in those representations and warranties. This contractual structure is used by the parties to allocate certain known and unknown
New EPA Administrator, Same Freeze on EPA Activity
On January 29, 2025, Lee Zeldin was confirmed as the 17th Environmental Protection Agency (EPA) Administrator. After a week on the job, Zeldin continued to maintain several policies that had been put in place immediately after the Trump administration took office. Some of these policies are summarized below. While these actions are generally expected when
Agricultural Law Weekly Review—February 4, 2025
National Agricultural Policy: Temporary Restraining Order Issued Against Federal Funding Pause After Memo Rescission
On January 27, 2025, the Office of Management and Budget (OMB) issued memorandum M-25-13 directing “Federal agencies [to] . . . temporarily pause all activities related to obligation or disbursement of all Federal financial assistance . . . including, but not
NY DEC Proposes Environmental Justice-Focused Amendments to SEQRA and UPA—Potential Impacts on Project Permitting
On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform Procedures Act (UPA) (6 NYCRR Part 621) regulations to integrate environmental justice (EJ) considerations into environmental reviews. These amendments, mandated by Environmental Conservation Law (ECL)
Recent Executive Action May Impact PFAS Regulation
The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA), issued two key PFAS rules. The first set nationwide drinking water standards, or maximum contaminant levels (MCLs), for six types of PFAS, and the second designated PFOA and PFOS, and their salts and structural isomers, as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both rules are currently being challenged in court, although no judicial stays were requested or are in place.
“Unleashing American Energy” – Executive Order Summary
On the first day of his second term in office, President Trump issued an Executive Order titled “Unleashing American Energy.” This Order contains several provisions intended to encourage American energy production and remove barriers that “have impeded the development” of energy and natural resources.
The Order states that it is “in the national
European Commission Unveils Competitiveness Compass to Drive Sustainable Prosperity
The Compass aims to address concerns about productivity and maintain Europe’s leading role in sustainable innovation and climate neutrality.
By Paul A. Davies, Michael D. Green, and James Bee
On 29 January 2025, the European Commission (the Commission) launched the Competitiveness Compass, a strategic initiative that builds on the work undertaken by Mario
Shale Law Weekly Review—Week of February 3, 2025
LNG Infrastructure: D.C. Circuit Court of Appeals Vacates PHMSA’s Rule on LNG Rail Transportation
On January 17, 2025, the Court of Appeals for the District of Columbia vacated the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) rule that allowed LNG rail transportation without a permit. Sierra Club, et al v. DOT, et al, Docket
That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired
Seyfarth Synopsis: As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program standard, making it prudent for employers to consider infectious disease prevention in their IIPP.
Since 2020, California