On November 17, 2022, the Independent Regulatory Review Commission (“IRRC”) approved the Pennsylvania Environmental Quality Board’s (“EQB”) new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Pennsylvania Safe Drinking Water Act regulations at 25 Pa. Code Chapter 109. The regulations will establish MCLs of
Shale Law Weekly Review—Week of November 28, 2022
Oil and Gas Regulations: EPA Plan for Limiting Emissions from Oil and Gas Sources Near Native Lands Released
A November 8, 2022, pre-publication version of a plan by the Environmental Protection Agency to require emissions controls by oil and gas producers near native lands in northeast Utah was recently released. The requirements would apply
Too Many Delivery Bags? Proposed Amendments Would Let You Return or Recycle Reusable Grocery Bags
A bill making its way through the New Jersey Legislature seeks to correct an unintended consequence of the single-use bag ban.
Since the ban on single-use plastic bags began in May 2022, those who have their groceries delivered receive them in reusable bags for each delivery instead of single-use plastic bags. However, for this subset
Our Environmental Statutes Are Broken
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide cyantraniliprole. 
This effects determination was supposed to be issued before EPA registered the pesticide. Unfortunately, EPA did not do
HKMA’s Report on Greenwashing in the Corporate Bond Markets – spotting the bad apples and ways to mitigate the damage
The Hong Kong Monetary Authority (“HKMA”) released a research report last week showing evidence that about one-third of global corporate green bond issuers are reaping the benefits of issuing green bonds without cutting down their greenhouse gas (“GHG”) emissions. This type of ‘greenwashing’ behaviour impedes progress on combating climate change and could lead to financial
California Requires New Cookware Chemical Labeling Requirements by January 1st
Cookware sold in California will be required to have chemical ingredient information disclosed on the product website by the new year. While part of a wave of legislation focused on per- and polyfluoroalkyl substances (“PFAS”), the California Safer Food Packaging & Cookware Act of 2021, which was signed into law by Governor Newsom in
The Social Cost of Greenhouse Gas Emissions is About to Get Much More Expensive
Following an announcement at COP27 by President Biden, the EPA issued a supplemental proposal to reduce methane and other harmful emissions from new and existing sources in the oil and gas industry. In its regulatory impact analysis for the supplemental proposal, EPA included a sensitivity analysis detailing a revised methodology and new estimates for
Agricultural Law Weekly Review—Week Ending November 25, 2022
Biotechnology: USDA Secretary Releases Statement on U.S.-Mexico Corn Trade After Meeting with Mexican President
On November 28, 2022, the U.S. Department of Agriculture (USDA) Foreign Agriculture Service (FAS) published a statement from Secretary Tom Vilsack regarding a meeting with Mexican President Andrés Manuel López Obrador addressing his December 2020 decree, which called for the
TNFD Releases Third Beta Version of Disclosure Framework Ahead of Global Biodiversity Summit
The third version introduces several new disclosure recommendations ahead of what is supposed to be a “Paris moment” for biodiversity in Montreal.
By Paul A. Davies, Michael D. Green, James Bee, and Austin Pierce
As environmental ambitions continue to grow, much attention has focused on climate. A key focal lens for that
Clients: How Risky Is a Shift in Your ESG Approach?
Some institutional investors, like pension funds, have insisted that their portfolio only include stock in corporations with high ESG ratings. That, of course, has led corporations to look for ways meet that investor demand.