As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS). Pursuant to Delaware’s Drinking Water Protection Act directive, the Division recently issued a
EPA Proposes Expansive Changes to EPA RMP Rule
As anticipated, on Friday the U.S. Environmental Protection Agency (EPA) issued a proposed Risk Management Program (RMP) Safer Communities by Chemical Accident Prevention rule pursuant to the Clean Air Act. The proposed rule would reinstate certain provisions newly introduced to the RMP rule (originally promulgated in 1991) late in the Obama administration and subsequently
Emergency Pandemic Tolling no Excuse for Untimely CEQA Suit; Petitioner’s Attempts to Evade Procedural Dismissal Unsuccessful
In Committee for Sound Water & Land Development v. City of Seaside (2022) 79 Cal.App.5th 389, the Sixth District Court of Appeal upheld the trial court’s finding that a CEQA challenge to a proposal to develop a large “Mixed-Use Urban Village” on the former Fort Ord military base (Project) was time-barred. The Court also found
Equator Principles Association Issues Guidance Note
The Guidance Note aims to support Equator Principles Financial Institutions navigating the environmental and social due diligence process.
By James R. Barrett, Joshua W. Marnitz, and Malorie R. Medellin
In July 2022, the Equator Principles Association published a Guidance Note on how to apply the latest iteration of the Equator Principles (EP), EP4,
Agricultural Law Weekly Review—Week Ending August 19, 2022
National Agriculture Policy: Inflation Reduction Act Signed Into Law
On August 16, 2022, President Joe Biden signed into law H.R.5376, known as the “Inflation Reduction Act of 2022,” which appropriates $750 billion through 2031 for numerous federal programs, prioritizing renewable energy, climate, and healthcare initiatives. The Act allocates approximately $38 billion for agriculture and
Shale Law Weekly Review—Week of August 22, 2022
Pipelines: Federal Judge Rules Enbridge Case Must Remain in Federal Court
On August 18, 2022, the U.S. District Court for the Western District of Michigan, Southern Division denied the State of Michigan’s motion to remand the case to state court in its lawsuit seeking to stop Enbridge’s Line 5 Pipeline. Nessel v. Enbridge Energy Ltd.
US NAIC Summer 2022 National Meeting Highlights: Climate, Resiliency, Race and Insurance
On August 11, 2022, the Climate and Resiliency (EX) Task Force (“C&R Task Force”) and the Special (EX) Committee on Race and Insurance (“R&I Committee”) met at the Summer 2022 National Meeting of the National Association of Insurance Commissioners (“NAIC”). While the C&R Task Force and R&I Committee did not announce any major new developments or
New Maryland Regulation all but Shuts Down Phase ll Environmental Site Assessments
To report suspected oil to MDE immediately, but not later than 2 hours after the visual detection of free product or within 48 hours of receiving an analytical laboratory report that shows a petroleum constituent.
Leading CEQA Counsel File Letter Requesting California Supreme Court To Correct Basic Error In Recent Majority Opinion
An August 12, 2022 letter to the Supreme Court – signed onto by more than a dozen leading CEQA attorneys not representing parties to the action or other clients – has requested the Court to modify its August 1, 2022 majority opinion in County of Butte v. Dept. of Water Resources, Supreme Court Case No.
ECB and IMF Call to Avoid Fragmentation in Global ESG-Related Disclosure Requirements
The call highlights the challenges in developing alignment between global ESG reporting standards.
By Paul A. Davies, Sarah Fortt, Betty M. Huber, Michael D. Green, and James Bee
The European Central Bank (ECB) and the International Monetary Fund (IMF), two of the world’s leading public financial institutions have stressed the importance of