Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed.
How (or if) Biden’s Executive Order on Environmental Justice Impacts Industry
On April 21, 2023, President Biden signed an executive order (EO) purporting to strengthen environmental justice (EJ)—“Revitalizing Our Nation’s Commitment to Environmental Justice for All.” This is the first revamp of President Bill Clinton’s 1994 EO 12898 which has guided agencies for nearly two decades. Biden’s EO directs the Environmental Protection Agency (EPA) and other
Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for Historic Buildings Razed By Project Was Informationally Adequate Under CEQA Based On City’s Unchallenged Factual Finding That No Similar Historic Buildings Existed Elsewhere In City’s Downtown
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project
2022 CEQA Year in Review: Understanding the Judicial Landscape for Development
Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022.
By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen
Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022. On April 20, 2023, Latham lawyers held a webcast highlighting important cases
Draft Model State PFAS Legislation: A More Holistic Approach To Regulating "Forever Chemicals" in Consumer Products
A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA) and released earlier this month, the Draft PFAS Prevention Model Act (Draft Model) offers a
PFAS State Survey – Standards and Guidance Values for PFAS in Groundwater, Drinking Water and Surface Water
Note: This is a graphical representation of an Interstate Technology Regulatory Council (“ITRC”) Guidance Document as of March 2023.These values are changing rapidly. The ITRC intends to update this Guidance Document periodically as new information is gathered.
Source: Interstate Technology Regulatory Council (“ITRC”) PFAS Fact Sheets updated as of March 2023
Draft Model State PFAS Legislation: A More Holistic Approach To Regulating “Forever Chemicals” in Consumer Products
A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA) and released earlier this month, the Draft PFAS Prevention Model Act (Draft Model) offers a
New IRA Domestic Content Guidance Set to Bolster U.S. Manufacturers in Energy Supply Chain
On May 10, 2023, the Internal Revenue Service (IRS) and the U.S. Department of the Treasury (Treasury) released guidance on the Domestic Content Bonus Credit (Bonus Credit) in the Inflation Reduction Act (IRA). The guidance discusses forthcoming proposed regulations concerning the Bonus Credit.
Greenwashing: Key Drivers, Risks, Enforcement, and Litigation
LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space.
By Sophie J. Lamb KC and Aleksandra Dulska
Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of greenwashing and how English law continues to evolve and adapt in order to meet the needs
California Supreme Court Grants Review In Controversial “People’s Park”/Student Housing CEQA Case
On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, which held the University’s long-range campus development plan (LRDP) EIR inadequate, throwing a monkey wrench into