The CSDDD is set to impose mandatory human rights and environmental due diligence obligations for in-scope companies.
By Paul A. Davies, Michael D. Green, and James Bee
On 5 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) was published in the Official Journal of the EU, marking a significant milestone in the
Keith Bradly, Squire Patton Boggs (US) LLP Partner and Co-Chair of the Appellate and Supreme Court Practice, authored an article for Bloomberg Law discussing the U.S. Supreme Court’s recent decision in SEC v. Jarkesy. The Court found that when the Securities Exchange Commission (SEC) seeks civil penalties for securities fraud, the Seventh Amendment affords a
Voter Initiative Aims to Block Natural Gas Ban
The Standards provide a framework for all Chinese companies’ sustainability disclosures and the applicability extends beyond listed companies.
By Paul A. Davies, Farhana Sharmeen, Michael D. Green, James Bee, and Qingyi Pan
On May 27, 2024, China’s Ministry of Finance published the new Corporate Sustainability Disclosure Standards (Draft for Comment) (the Standards). The Standards set out the general provisions, disclosure objectives, and information quality requirements, which aim to lay the ground for China’s unified national sustainability disclosure standard system, expected to launch by 2030. The goal of the Standards is to promote transparent disclosure throughout the value chain and to enhance the competitiveness of Chinese companies globally.
On June 28, 2024, in a 6-3 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the Chevron doctrine, a decades-old precedent that largely pressed federal courts to defer to federal agency interpretations of ambiguous statutes under their jurisdiction. The opportunities, the challenges, and the uncertainty will grow for a long time
Executive Summary
The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”[1] Chevron cannot be reconciled with the Administrative Procedure Act (“APA”) by presuming that statutory ambiguities are implicit delegations to agencies. Chevron was decided in 1984. The APA was adopted in 1946.
Moving forward, courts are no longer required to defer to a federal agency’s interpretation of the federal statute it administers when that statute is silent or ambiguous, unless the statute expressly grants discretionary authority to the federal agency. The Court’s ruling will only apply moving forward and prior cases decided using the Chevron doctrine will not be affected by the Court’s ruling.
Environmental Policy: Federal Agencies, USDA Publish 2024 Climate Adaptation Plans
On June 20, 2024, the White House announced the publication of updated Climate Adaptation and Resilience Plans, developed by twenty-four federal agencies. The agencies’ updated plans for 2024–2027 were developed in coordination with the White House Council on Environmental Quality (CEQ) and the Office
On June 28, in a highly anticipated ruling, the U.S. Supreme Court overturned Chevron USA Inc. v. Natural Resources Defense Council Inc., finding that Chevron deference, the 40-year-old precedent deferring to reasonable agency interpretation of ambiguous statutes, is no longer valid. This decision, in addition to other recent Supreme Court rulings, represents a significant
Community Impacts: USDA Invests $81 Million in Clean Energy Investments for Colorado Rural Communities
On June 17, 2024, the USDA announced that areas in Colorado will be receiving “partially forgivable loans” totaling approximately to $81 million under the Powering Affordable Clean Energy (PACE) Program. The PACE program allots $1 billion in funding to allow for
Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible.
By Paul A. Davies, Michael D. Green, Stephanie Forrest, and James Bee
On 20 June 2024, the UK Supreme Court (the Court) in Finch v.