As previously reported, on April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The rule was published in the Federal Register on May 8, 2024
Agricultural Law Weekly Review—May 30, 2024
National Agricultural Policy: House Agriculture Committee Advances Farm Bill
On May 23, 2024, the U.S. House of Representatives Committee on Agriculture passed (33-21) the “Farm, Food, and National Security Act of 2024” (H.R.8467), the House version of the 2024 Farm Bill. Previously, on May 17, 2024, the House Committee published a
U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last week in federal court in the
International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change
The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, and Stephanie Forrest
On 9 April 2024, the International Tribunal on the Law of the Sea (ITLOS, or the Tribunal) issued a long-awaited advisory opinion on climate change and international law, concluding that States party to the United Nations Convention on the Law of the Sea (UNCLOS) are subject to specific obligations to prevent, reduce, and control greenhouse gas (GHG) emissions and their adverse effect on the marine environment.
Takeaways – AI Intersects With Sustainable Governance
On May 9, the Paul, Weiss ESG and Law Institute hosted a breakfast roundtable discussion with experts from UC Law San Francisco, UC Berkeley Law, Deloitte, and Heidrick & Struggles on the intersection of AI and Sustainable Governance.
They were joined by senior executives and industry leaders for a cross-functional, off-the-record conversation exploring the capabilities
ESMA’s Final Report on the 2023 Common Supervisory Action and Mystery Shopping Exercise on marketing
The European Securities and Markets Authority (ESMA), published a combined report on its 2023 Common Supervisory Action (CSA) and the accompanying Mystery Shopping Exercise (MSE) on marketing disclosure rules under MiFID II. ESMA, together with the National Competent Authorities (NCAs), states that marketing communications and advertisements generally comply with MiFID II requirements. Investment firms generally have procedures in place that ensures compliance with the rules for marketing materials. However, there are increasing concerns about marketing material which includes sustainability claims. ESMA identified several areas of improvements and announces that further supervisory actions in this area shall be undertaken.
Maryland’s Energy Crisis: The Critical Need to Boost In State Electricity Generation
Maryland Needs to Produce More Electricity
Agricultural Law Weekly Review—May 24, 2024
Food Labeling: Iowa Passes Law Prohibiting Meat Terms on ‘Manufactured-Protein’ Products, Requires Schools to ‘Prevent Purchase’
On May 15, 2024, Iowa Governor Kim Reynolds signed into law SF 2391, titled “an Act prohibiting the misbranding of certain food products, and providing penalties.” The law defines “cultivated-protein food product,” “insect-protein food product,” “plant-protein
Third District Reverses Order Prematurely Discharging CEQA Writ for Failure to Address Objections That Certified Revised EIR Was Still Noncompliant, Holds Project Opponents Could Properly Opt to Raise Challenge Through Objections to Return Without Filing Separate Action
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, 711 (a case previously analyzed in my blog posts of January 2, 2023, found here, and January 23, 2023, found here). This latest chapter in the CEQA litigation over California’s efforts to update its historic State Capitol Complex centers on the issue whether the trial court properly discharged the writ upon the Department of General Services (“DGS”) simply filing a return showing it had certified a revised EIR, or whether, in response to a petitioner’s objections to the return’s adequacy, DGS needed to further demonstrate that its revised EIR actually fixed the deficiencies identified in the appellate opinion.
GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased Space
The U.S. General Services Administration (GSA) recently initiated its Water Testing Modification Effort to assess and ensure the quality of drinking water in properties currently under lease with GSA. GSA began issuing unilateral lease amendments (ULAs) to landlords in February 2024, requiring the landlord to conduct one-time drinking water testing within the leased space and