LNG Exports: Environmental Groups Petition Federal Appeals Court Over DOE Order Approving the Alaska LNG Project
On August 11, 2023, the Sierra Club and the Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit seeking to reverse the Biden administration’s approval of Alaska LNG Project.
Agricultural Law Weekly Review—August 21, 2023
Local Food: PA Department of Agriculture Seeks Comments on Plans for USDA Funding from Resilient Food Systems Infrastructure Program
On August 15, 2023, the Pennsylvania Department of Agriculture (PDA) released a public request for comment on the agency’s proposed priorities for its cooperative agreement with the U.S. Department of Agriculture’s (USDA) Resilient Food Systems Infrastructure
Colorado Law Will Lead the Nation in Reducing GHGs from Buildings
Striking a careful balance between the aspirational and implementable, cognizant of what is technologically feasible and fiscally responsible
Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth District
On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR evaluating the
Guidance Is Still Not the Same as Regulation
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. In rejecting Montana’s SIP, EPA repeatedly pointed to Montana’s failure to comply with EPA’s guidelines for determining
Briefing Complete in Chemours’s Challenge to EPA’s GenX Health Advisory Level
As previously reported, The Chemours Company FC, LLC (“Chemours”) challenged the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, in the U.S. Court of Appeals for the Third Circuit. The briefing continued throughout June and July, with final briefs submitted last week.
EPA
A Nation Divided: The ESG Fight at the Federal and State Level
What is “ESG”?
“ESG” is perhaps the most divisive acronym of this year’s legislative session. But what does it mean?“Environmental, Social, Governance” is a framework used to evaluate investments and business decision’s impacts on the environment and society. ESG criteria considers things like a company’s carbon footprint and employee wellbeing. ESG practices are being adopted
Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules intended to create a consistent, comparable, and reliable source of information regarding climate change impacts and sustainability efforts to inform and protect investors
Hunton Andrews Kurth Releases Interactive Map Tool of State Requirements for PFAS-Containing Products
As states across the country develop laws addressing per- and polyfluoroalkyl substances (PFAS), a patchwork of requirements has begun to emerge, creating challenges for those who manufacture, distribute, and sell products around the country. In 2023, over 200 bills were introduced addressing PFAS, including restrictions for PFAS in products. This trend is expected to continue.
Third District Declines To Reach CEQA Exemption Claim In Reversing On Other Grounds Judgment Upholding State Department of Public Health’s Approval of Santa Cruz County Needle Exchange Program But Notes New Statutory CEQA Exemption Now Exists
In a published opinion filed August 14, 2023, the Third District Court of Appeal reversed a judgment that denied a petition for writ of mandate challenging the State Department of Public Health’s (Department) approval of Real Party in Interest Harm Reduction Coalition of Santa Cruz County’s (real party) needle exchange program. Grant Park Neighborhood Association