On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding payment. Businesses have received these fraudulent letters through email and U.S. Postal Service mail. The letters allege that the
UK planning reforms to focus on social developments and net zero
A major overhaul of the UK’s planning (zoning) system was unveiled on 30 July. This is aimed at tackling the UK’s chronic housing shortage, as well as the challenge of net zero. The lack of affordable housing in the south-east of England, for example, means that average house prices there are ten times the average wage. At the same time, public sector housebuilding has slowed to a trickle and rents have soared. Similarly, the planning system has been identified as a major block on renewables and low-carbon developments in the UK.
In response, the new UK Government has announced significant changes to the National Planning Policy Framework (“NPPF“) which guides decision-making on individual planning applications as well as the content of local planning policies (against which applications for individual sites are assessed). The main aim is to kick-start an unprecedented programme of housebuilding with a huge proposed target of 371,000 per year against current delivery of about 200,000 units per year. There will also be increased requirements on developers to provide affordable housing on new housing developments. Commentary so far has rightly focused on these important housing-related changes in the draft NPPF, but the draft NPPF goes much further than housing. Specific focus is given to renewables and low-carbon projects, digital technology, gigafactories, laboratories and logistics.
In this briefing, we summarise the main proposed changes in the draft NPPF and identify further likely upcoming reforms to be made to the planning system including through the new Planning and Infrastructure Bill.
Energy & Environmental Highlights of the 2024 Louisiana Legislative Session
The 2024 Regular Session of the Louisiana Legislature ended on June 3, 2024. The first regular session of the new term saw legislation on several hot-button issues, including criminal justice reform, reorganization of state governmental entities, insurance reform, education, public access to government records, public libraries, protection of the Louisiana seafood industry, and improvements to
Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions
Stoel Rives Summer Associate Jessica Wright co-authored this post.
In a landmark decision on July 1, 2024, the Supreme Court ruled that the six-year statute of limitations for facial challenges to agency regulations under the Administrative Procedure Act (APA) begins when the final agency action injures a plaintiff, not when the regulation is issued. This ruling,
US EPA Warns of Fraudulent NOVs
Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs).
According to the EPA, fraudulent NOVs have been sent by a fraudster through mail and email. The fake NOVs allege violations of environmental laws and include a
Energy Markets | Essential Understanding of Updated Vietnam DPPA Regime
On July 3, 2024, the Vietnamese government issued Decree No. 80/2024/ND-CP (Decree 80), moving forward with its long-awaited mechanism for direct power purchase agreements (DPPAs) after months of circulated proposals and drafts. Taking effect upon release, Decree 80 brings substantial changes to the Vietnamese energy market for both consumers and producers. This GT Alert outlines
German Federal Government Adopts Draft CSRD Implementation Act
The draft represents the next step in transposing the CSRD into national law.
By Axel Schiemann and Dominik Schöneberger
On 24 July 2024, the German Federal Government adopted the governmental draft of the Act implementing the EU Directive on Sustainability Reporting (Directive (EU) 2022/2464 – CSRD) into German law (the Government Draft). The adoption of
Shale Law Weekly Review—Week of July 29, 2024
LNG Exports: D.C. Federal Court Orders Environmental Assessment for Commonwealth LNG Project
On July 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a per curiam order granting in part and denying in part petitions to review the Federal Energy Regulatory Commission’s (FERC) approval of a proposed Gulf Coast LNG
California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations
By Patrick D. Joyce and Ilana Morady
Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by Governor Newsom. Cal/OSHA will convene an advisory committee on August 19, 2024 to solicit input.
Background
SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In
Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to combat securities fraud and increase market transparency. The Securities and Exchange Commission (SEC) is the agency that delegated enforcement of these acts, which until 2010, had to occur in a court of law. In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) which allowed the SEC to impose penalties through in-house proceedings. These in-house proceedings look similar to those of other agencies, and typically take place in front of an Administrative Law Judge (ALJ) who is employed by the agency but swears to remain impartial. Sound familiar? This framework is much like the Environmental Protection Agency’s (EPA) ALJ and Environmental Appeals Board (EAB) paradigm.