On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three administrations — to update EPA’s Risk Management Program (RMP) under the Clean Air Act (CAA).
Fifth District Clarifies That Agricultural Conservation Easements (ACE’s) Qualify As Legally Permissible “Compensatory Mitigation” For Agricultural-Land Conversion Impacts Under CEQA Despite Not Ensuring No Net Loss
In a partially published (but mostly unpublished) opinion filed on March 7, 2024, the Fifth District Court of Appeal reversed the trial court’s judgment and writ-discharge order which had upheld Kern County’s most recently revised “streamlined permitting” ordinance for oil and gas wells and its associated CEQA review. V Lions Farming, LLC v. County of
Fifth Circuit Presses Pause on SEC’s Final Climate Regulation
The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption.
By Paul A. Davies, Sarah E. Fortt, and Betty M. Huber
On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of
6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government
In line with the goals set forth in the Federal Government’s Federal Sustainability Plan, the General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) stating its intent to acquire approximately 2,700,000 MWh of carbon pollution-free (“CFE”)[1] retail electricity supply annually for a term of up to 10 years in the PJM Interconnection/Regional
California Issues Enforcement Warning for PFAS in Cookware and Food Packaging Laws
On October 17, 2023, California Attorney General (AG) Rob Bonta released an enforcement advisory letter1 to manufacturers, distributors, and sellers of food packaging and cookware detailing how he intends to enforce AB 1200.2 The law bans the sale of regulated per- and polyfluoroalkyl substances (PFAS) in food packaging in California, and also requires disclosure and
Legal Considerations for Circular Economy Strategies
Over the past several years, circular economy goals have become nearly ubiquitous in corporate sustainability strategies.
This trend is driven by a number of factors, including consumer interest in sustainable products, opportunities for generating circular revenue — i.e., generating revenue at multiple points in a product’s life cycle, such as through product collection and refurbishing
FDA Announces End of PFAS Use in US Food Packaging
On February 28, 2024, the Food and Drug Administration (“FDA”) published a news release regarding the voluntary market phase-out of per and polyfluoroalkyl substances (PFAS) in grease-proofing substances used on food packaging. The FDA stated that the completion of this phase-out “eliminates the primary source of dietary exposure to PFAS from authorized food contact uses.”
Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions
By Adam R. Young and Aaron M. Gillett
1. A Nightmare Acquisition
Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic forklift accident in a warehouse operated by a subsidiary of the newly acquired target
Shale Law Weekly Review—Week of March 18, 2024
GHG Emissions: SEC Adopts New Climate Risk and Emissions Disclosure Rule 
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted a new rule which will require publicly traded companies to disclose to potential investors their climate risks and levels of greenhouse gas emissions. These companies must report all climate risks that have had
EU Member States Reach Agreement on Corporate Due Diligence Directive
Following extended negotiations, the directive was endorsed with a significantly narrower scope that would reduce the number of companies affected.
By Paul A. Davies, Michael D. Green, and James Bee
On 15 March 2024, EU Member States endorsed the Belgian Presidency’s political deal on the Corporate Sustainability Due Diligence Directive (CSDDD), despite Germany