Greenwashing case dismissal sends an important message
Greenwashing Case Against Pepsico Plastic Pollution is Dismissed
European Council greenlights new regulation on regulating ESG ratings agencies
On 19 November 2024, the Council of the European Union (“Council”) adopted a new regulation on environmental, social and governance (ESG) rating activities.1 The new regulation, which was presented by the European Commission on 13 June 2023, aims to make ESG rating activities in the EU more consistent, transparent and comparable.2 This
Dutch Court of Appeal rules on Shell CO2 Emissions
Other contributor: Jan Buschfeld
On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the right to adjust its own emissions reductions targets
Agricultural Law Weekly Review—November 26, 2024
Avian Influenza: Pennsylvania Department of Agriculture Publishes Order Requiring Bulk Milk Testing
On November 20, 2024, the Pennsylvania Department of Agriculture (PDA) Secretary Russell Redding issued a general quarantine order—effective immediately and published in the Pennsylvania Bulletin on November 23, 2024 (54 Pa.B. 7570)—requiring bulk testing of milk from Pennsylvania farms for
EPA’s Third Annual PFAS Progress Report
On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The accomplishments highlighted by EPA include:
- Protecting drinking water: EPA reported its accomplishments in protecting drinking water include the establishment of drinking
BOEM Announces Comment Period on California Offshore Wind Programmatic Environmental Impact Statement
Despite the uncertainty surrounding the immediate future of the U.S. offshore wind industry after the re-election of Donald Trump, industry participants including the Bureau of Ocean Energy Management (“BOEM”) are cautiously moving forward with development activities.
Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs
In Yolo Land and Water Defense v. the County of Yolo (2024 105 Cal.App.5th 710, the Third District Court of Appeal upheld the County’s EIR for a sand and gravel mine, known as the Teichert Shifler Mining and Reclamation Project. Downey Brand attorneys Andrew Skanchy and Sam Bacal-Graves successfully represented the County in this litigation,
Maryland’s Clean Heat Standard: A Misguided Energy Policy?
The Maryland Government is Coming for Your Fossil Fuel Appliances, Again
European Commission to propose revision of corporate sustainability legislation
In a significant development for EU corporate sustainability legislation, European Commission President Ursula von der Leyen has announced plans to merge three cornerstone sustainability frameworks – the Corporate Sustainability Due Diligence Directive (CSDDD), the Corporate Sustainability Reporting Directive (CSRD), and the Taxonomy Regulation – through so-called omnibus legislation.
While the Commission maintains this consolidation aims
Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City
In an important opinion filed October 21, and later ordered published on November 18, 2024 (at the request of the California State Association of Counties and the Rural County Representatives of California), the Sixth District Court of Appeal interpreted key terms in the CEQA Guidelines Class 32 categorical exemption, which applies to “in-fill development” projects that meet specified criteria, including being “substantially surrounded by urban uses.” In doing so, the Court upheld a low-population city’s use of the exemption for a Grocery Outlet project near Highway 101. Working Families of Monterey County, et al. v. King City Planning Commission (Best Development Group, LLC, Real Party in Interest) (2024) 106 Cal.App.5th 833.