Pesticides/Herbicides: U.S. Supreme Court Declines to Hear Bayer RoundUp Verdict Appeal
On June 21, 2022, the U.S. Supreme Court denied the August 16, 2021 Petition For Certiorari filed by Bayer (purchaser of Monsanto’s glyphosate-containing RoundUp product line and successor to its product liabilities) seeking to appeal the May 14, 2021, decision of the Ninth Circuit
Winds of Change: Proposed Revisions to Japan’s Offshore Wind Public Auction Process
In December 2021, consortia led by Mitsubishi Corporation won the rights to develop all three projects offered in Japan’s first major offshore wind public auction with an aggregate capacity of approximately 1.7 gigawatts (GW). Mitsubishi’s success was underpinned by tariff prices well below the ceiling price of 29 yen per kilowatt-hour. This auction result is
Supreme Court Rejects Obama-Era EPA Plan to Regulate Existing Power Plants under Section 111(d) of the Clean Air Act
In a highly anticipated decision, the U.S. Supreme Court (Court) rejected U.S. EPA’s (EPA) Clean Power Plan in West Virginia v. EPA on June 30, 2022. Relying upon the “major questions doctrine,” the Court found that Congress had not intended to authorize EPA to regulate emissions using “generation shifting” (i.e., requirements that power production be
Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions
By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts
NGO Files First-of-Its-Kind Climate Change Lawsuit against Investment Bank in Brazil
On June 21, 2022, an NGO filed a first-of-its-kind climate change lawsuit against an investment bank in Brazil. Among other claims, the NGO asserts that the bank allegedly maintains equity positions in sectors considered to be the most carbon-intensive, and, based on such allegation, the plaintiff asks the court to compel the bank to prepare
The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases
Original Kelley Drye Client Advisory posted on June 30, 2022.
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to regulate greenhouse gases. The Court’s decision limits EPA’s authority pursuant
Supreme Court Rules Against EPA Reining in Power of Agencies
In a decision that will rein in agency power across the federal government, the U.S. Supreme Court ruled today that Congress did not clearly authorize the EPA to adopt broad rules to reduce greenhouse gas emissions from electric utility power plants.
A Quick Guide to EV Charging Infrastructure Funding and Incentives in California
The 2021 Infrastructure Investment and Jobs Act (IIJA) provided $1.2 trillion in federal funding for infrastructure, including approximately $384 million to support California EV infrastructure through the National Electric Vehicle Infrastructure (“NEVI”) formula program. This sum supplements significant State investments, bringing California funding dedicated to expanding EV Infrastructure to nearly $3 billion through 2026.
Agricultural Law Weekly Review—Week Ending June 17, 2022
Animal Welfare: U.S. Solicitor General Argues Proposition 12 is Unconstitutional
On June 17, 2022, the U.S. Solicitor General filed an Amicus Curiae Brief in the case of National Pork Producers Council, et al. v. Ross, et al., No 21-468, currently pending before the U.S. Supreme Court setting forth the position of the United States
Madhuri Pavamani to Participate in Westchester County Association’s Sustainable Business Conference
Paul, Weiss Sustainability & ESG Advisory Practice Director Madhuri Pavamani will participate in a panel discussion, “The Journey: Moving to the Sustainable Enterprise,” as part of the 2022 Westchester County Association’s Sustainable Business Conference, “Profit and Purpose.”
The panel will discuss the necessity of corporate sustainability for long-term profit and stability, and how organizations are