In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field” and entirely preempt CEQA’s application to the state’s participation, as applicant and hydroelectric facility owner/operator, in the Federal Energy Regulatory Commission (“FERC”) licensing process the
Reducing Your Greenhouse Gas Emissions
It is no surprise we are increasingly working with clients, first to understand and calculate their GHG emissions, then to assist them in implementing strategies for efficacious yet frictionless GHG emission reductions.
FERC Proposes Major Changes to Generator Interconnection Process
The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Proposed Rulemaking (NOPR) to reform its generator interconnection process. The proposed rules are intended to expedite the connection of new generator and storage facilities to the grid, and to clear out a burgeoning interconnection backlog, predominantly of renewable and storage resources.
This
Europe’s Gas Crisis
Gazprom Reduces Supplies Again
Gazprom’s 27 July decision to reduce the gas it supplies through Nord Stream 1 to 33 mcm means it is now delivering just one-fifth of the pipeline’s capacity. This reduction ensures Europe will continue paying (ever higher prices) for (just enough) Russian gas in order to service its day-to-day needs, whilst
PFAS and TRI: More, Lots More, to Come
Given today’s incessant media coverage and regulatory attention to PFAS (per- and polyfluoroalkyl substances), and their widespread presence in a host of products, it may seem surprising at first that the recently published 2021 Toxic Release Inventory (“TRI”) preliminary data on PFAS is so limited. Indeed, out of the 75,890 total entries reported to TRI
Business and Human Rights: New Universal Human Right To Access A Clean, Healthy And Sustainable Environment
On 28 July 2022, 161 States voted in favour of a United Nations General Assembly (“UNGA”) resolution declaring access to a clean, healthy and sustainable environment, a universal human right (“UNGA Resolution”). In a remarkable display of global solidarity, the resolution received zero ‘against’ votes, and eight ‘abstain’ votes. This vote follows the passing
UPDATED: The U.S. Joins WHO, Declaring Monkeypox a Public Health Emergency
By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. Curtis, Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: The WHO and the CDC have updated statements and FAQs on the monkeypox disease, declaring the disease a “Public Health
The EEOC Releases New COVID-19 Guidance – What Employers Should Know
Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) made several noteworthy revisions to its guidance to address changing pandemic conditions. Even though the COVID-19 pandemic may have subsided in
The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward
As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement agreements moving forward. DOJ received comments through July 11, 2022 on its interim final rule to revoke the Trump-era regulation that prohibited payments to non-governmental,
Singapore Published New Disclosure Guidelines for Retail ESG Funds
On July 28, 2022, the Monetary Authority of Singapore (the “MAS”) published a circular (the “Circular”) on new disclosure and reporting guidelines for retail ESG funds in Singapore. The Circular was published alongside a Sustainability Report 2021/2022 issued by MAS and coincides with the issuance of Singapore’s first green bond (which was announced here). Pursuant to