Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the good side of Sackett. And clarity is definitely the right word here. One might say clarity
Upcoming Sustainability Reporting Requirements for Data Centers in the EU
The European Commission is currently holding a public consultation on a Draft Delegated Act (“DDA”) on a common rating scheme on the energy performance of data centers in the European Union and European Economic Area (“EU/EEA”). The DDA will lay out the energy key performance indicators that operators and owners of data centers must report,
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of
Sixth Circuit Rejects Nationwide PFAS Class
This article was originally published by ACOEL on December 12.
“Seldom is so ambitious a case filed on so slight a basis.” Those are words a plaintiff’s lawyer would hate to hear, but that is exactly how the Sixth Circuit Court of Appeals began its opinion rejecting an Ohio firefighter’s attempt to certify a
New Bills Advance California’s Offshore Wind Strategy
With the recent Gulf Auction falling short of expectations and projects on the East Coast faltering, many have adopted a bearish stance on the U.S. offshore wind sector. However, California recently passed two new bills to support the state’s burgeoning offshore wind industry: the Offshore Wind Advancement Act (AB 3) and the California Offshore
Council of the EU agrees on proposal to regulate ESG ratings providers
On 20 December 2023, the Council of the EU reached an agreement on its negotiating mandate on a proposal for a regulation on ESG ratings (the “Proposed EU Regulation”). This builds on the European Commission’s proposal, which was published on 13 June 2023.
The EU’s desire to regulate ESG rating agencies is a response to
Sustainability Triumphs: A 2023 Year in Review with an Eye Toward Decarbonizing
A bigger and better future that is both prosperous and sustainable
Congress rejects presidential vetoes to Federal Law that establishes time limit requirement for indigenous lands demarcation
On December 14, the National Congress of Brazil overrode most of the presidential vetoes to Federal Law No. 14.701/2023 (the “Time Limit Act”), which regulates Article 231 of the Constitution to set guidelines for the recognition, demarcation, use and management of Indigenous lands. The Time Limit Act was initially published on October 20, 2023, but
Agricultural Law Weekly Review—December 22, 2023
Agribusiness: Beneficial Ownership Information Reporting Requirements Effective January 1, 2024
On January 1, 2024, the beneficial ownership information (BOI) reporting requirements (31 CFR § 1010.380) become effective for many companies and small entities as part of the Corporate Transparency Act, enacted within the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act
Federal Court Upholds SCAQMD Warehouse Rule
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California.
By Joshua Bledsoe, Nick Cox, and Jennifer Garlock
On December 14, 2023, a US federal judge rejected claims that federal law preempts the South Coast Air Quality Management District’s