In Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700, the First District Court of Appeal considered the adequacy of an EIR certified by Marin County (County) for a residential development. The Court rejected a number of arguments raised by opponents, most prominently the argument that the EIR erred in recognizing limits on
Humane Society v. U.S. Department of Agriculture: Has the D.C. Circuit Done More Than Protect Midnight Rules?
Beginning with the inauguration of Ronald Reagan in 1983, each newly inaugurated president from a different political party than his predecessor has ordered the withdrawal from the Office of the Federal Register (OFR) of all pending regulations that have not yet been published. 86 Fed. Reg. 7425 (Jan. 28, 2021) (Biden); 82 Fed. Reg. 8346
OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance
By A. Scott Hecker, Adam R. Young, James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a staffing
It’s Good to Be a Brownfield Site — As Long As It’s Not Too Brown
Tucked away in the recesses of the Inflation Reduction Act is a provision that reminds everyone why they love Superfund so much. On its face, it’s simply an incentive for renewable energy development, giving an adder to the amount of the investment tax credit (ITC) or production tax credit (PTC) to which certain renewable energy
China Issues a Plan to Establish a Carbon Emission Statistical Accounting System
**A Chinese version of this blog post follows the English version.**
On 19 August 2022, the National Development and Reform Commission (“NDRC”), the National Bureau of Statistics (“NBS”), and the Ministry of Ecology and Environment (“MEE”) of the People’s Republic of China (“PRC”) jointly issued the “Implementation Plan on Accelerating the Establishment of a
Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023
In light of the “worsening drought crises” and “critically low reservoir conditions” in the Western United States, on Aug. 16, 2022, the U.S. Department of the Interior (“Interior”) announced a number of “urgent actions to improve and protect the long-term sustainability of the Colorado River System.” Assistant Secretary for Water and Science Tanya Trujillo stated
Clean Air Act Amendments Minimally Impact EPA’s Authority to Pass Climate Change Regulation
Much ado is being made of recent amendments to the Clean Air Act (CAA) contained in the Biden administration’s budget reconciliation law passed in mid-August, commonly referred to as the Inflation Reduction Act (IRA). And with good reason, as the law includes the most significant changes to the CAA since 1990, and the new sections
Shale Law Weekly Review—Week of August 29, 2022
Oil and Gas Leasing: Environmental Groups File Suit Challenging Peregrine Program
On August 25, 2022, Sierra Club, Friends of the Earth, and Greenpeace filed a lawsuit challenging the U.S. Bureau of Land Management’s approval of Emerald House’s Peregrine “oil and gas exploration” program in Alaska. Sierra Club, et al., v. Bureau of Land Mgmt. The
To ESG or Not: “Damned If You Do, Damned If You Don’t,” at Least in Some US States
On August 24, 2022, Texas’ comptroller of public accounts released the list of financial companies subject to divestment by Texas state governmental entities unless the companies cease boycotting energy companies. This Legal Update provides further detail on this action and other states’ anti-ESG provisions and notes the risks for the investment industry and investors.
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Maine Makes a Bold Move in Banning Most PFAS-Containing Products
Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”). These restrictions are some of the most comprehensive in the country, and, in effect, would ban PFAS in almost all products in the state by 2030. Specifically, the law mandates that on January 1,