National Energy Policy: DOE, IRS, and Treasury Department Release New Guidance on Qualifying Advanced Energy Project Credit Program
On February 13, 2023, the U.S. Treasury Department, the U.S. Department of Energy (DOE), and the Internal Revenue Service (IRS) released new guidance on the expanded Qualifying Advanced Energy Project Credit program under Section 48C of the
New Hampshire to Receive $2.1 Million to Address PFAS and Other Emerging Contaminants
On February 24, 2023, the U.S. Environmental Protection Agency (EPA) announced that it was providing $23,186,000 to New Hampshire for clean water infrastructure upgrades. Approximately half of the funding will be in the form of grants or principal forgiveness loans. Pursuant to President Biden’s Bipartisan Infrastructure Law, the EPA will distribute the funds to New
Agricultural Law Weekly Review—February 27, 2023
Agricultural Labor: D.C. Court Declines to Enjoin 2022 H-2A Regulation Revisions
On February 16, 2023, the U.S. District Court for the District of Columbia issued a memorandum opinion denying a preliminary injunction against the November 14, 2022, H-2A final rule. National Council of Agricultural Employers v. United States Department of Labor, No:1:22-cv-03569-RC.
We Need to do Better to Reduce Food Waste
Uupscale compost has become a status symbol with small coffee size bags selling for as much as $25 a bag
ESG and Sustainable Finance
By Paul A. Davies, Edward R. Kempson, Luca Morreale, and Peter Neuböck
Sustainable Finance
Sustainable finance is the practice of redirecting public and private capital towards investments that support ESG goals and outcomes. The market dynamics of sustainable finance are driven by the need for enormous investments to support sustainable transitions and
OSHA Enhances Enforcement via “Instance-By-Instance” Citations and De-Grouping Violations
The Occupational Safety and Health Administration (OSHA) recently released two memos instructing enforcement officers on “instance-by-instance” citations and de-grouping violations to deter infractions.
OSHA’s prior policy on instance-by-instance citations, published in 1990, applied just to willful citations. The new guidance identifies several scenarios where such citations may be issued, including high-gravity serious violations specific to falls, trenching,
Fish and Wildlife Service Proposes New Section 10 Regulations Under the Endangered Species Act
On February 8, the U.S. Fish and Wildlife Service (FWS) proposed regulatory changes (Proposed Rule) focused on the application and approval process for Endangered Species Act (ESA) permits issued under Section 10. Section 10 of the ESA authorizes FWS to permit take of listed species where such take is necessary for scientific purposes
Business and Human Rights – the UK Government publishes new guidance on tackling modern slavery in Government Supply Chains
In what marks its latest move to tackle modern slavery, on 10 February 2023, the UK Government published its new guide for commercial and procurement professionals, entitled “Tackling Modern Slavery in Government Supply Chains” (the “Guidance”). The Guidance is aimed at helping procurement and commercial practitioners at all levels who are operating in
ESG and climate change – new Pensions Regulator campaign
The Pensions Regulator has launched a campaign to ensure that trustees are meeting their ESG and climate change reporting obligations.
Trustees of occupational pension schemes with 100+ members are required to prepare:
- A statement of investment principles (“SIP”) which, among other things, must include the trustees’ policy in relation to financially material ESG and climate
EPA Orders Derailment Clean Up
On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company requiring it to remediate the chemicals spilled. EPA had previously sent the railroad a letter