On May 30, 2023, the comment period closed on EPA’s proposed maximum contaminant levels (“MCLs”) for six PFAS at which time EPA had received 97,793 comments. Under the proposed rule EPA would set MCLs for Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), Perfluorononanoic acid (PFNA), Hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA
Lower Colorado Basin States’ Compromise on Water Conservation
On May 22, 2023, the Lower Colorado Basin States comprised of California, Arizona, and Nevada agreed to voluntarily conserve three million acre-feet of water over the next three years. This compromise is a result of pressure from the federal government for these states to voluntarily reduce their water allocations from the Colorado River due to the
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
On May 25, 202
3, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas.
The Court’s Ruling
The Supreme
ISSB Launches Consultation on Future Projects
The public consultation seeks input on the priorities, strategic direction, and future work of the ISSB.
By Paul A. Davies, Michael D. Green, and James Bee
On 4 May 2023, the International Sustainability Standards Board (ISSB) launched a public consultation to seek input on its agenda priorities for a two-year period commencing in
First District Holds Increased Enrollment-Related CEQA Challenges To UC Regents’ 2018 SEIR For Berkeley Campus Development And Minor LRDP Amendment Are Mooted By Superseding 2021 LRDP Update EIR And Passage Of SB 118
In an opinion filed April 27, and certified for partial publication on May 19, 2023, the First District Court of Appeal (Div. 1) vacated the trial court’s order granting a writ directing the University of California’s Regents (Regents) to decertify a 2018 Supplemental EIR (2018 SEIR) for a campus development project and to suspend increases
FTC Solicits Diverse Perspectives during Workshop on Recyclable Claims
On May 23, 2023, the FTC hosted a public workshop on recyclable claims called “Talking Trash at the FTC: Recyclable Claims and the Green Guides.” The FTC convened the workshop in connection with its ongoing review of the Green Guides. The workshop included three panels of stakeholders discussing a variety of issues
Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other Waters
Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal Clean Water Act (CWA). The Supreme Court significantly reduced the reach of WOTUS from its earlier jurisprudence by holding that under the CWA, the
EPA Clarifies Hazardous Waste Requirements Applicable to Lithium Ion Batteries
On May 24, 2023, EPA released a guidance memorandum addressing the hazardous waste status of lithium ion batteries under the Resource Conservation and Recovery Act (“RCRA”). EPA released the guidance to “both remove uncertainties for the states and industry about the regulatory status of these materials,” and to ensure that lithium ion batteries are properly
Business and Human Rights – Global Slavery Index 2023 highlights global nature and scope of modern slavery risks in supply chains
On 24 May 2023, Walk Free, an international human rights group focused on the eradication of modern slavery, published the fifth edition of its Global Slavery Index (the “Index”), which provides a national level analysis of modern slavery across 160 countries.
Modern slavery is a growing global problem against a backdrop of compounding risks.
Agricultural Law Weekly Review—May 29, 2023
Water Quality: U.S. Supreme Court Provides Definitive Clarity to Definition of Waters of the United States (WOTUS)
On May 25, 2023, the U.S. Supreme Court issued a decision in the case of Sackett v. EPA, et al., No. 21-454, reversing and remanding the decision of the Ninth Circuit Court of Appeals and stating, “[W]e