On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside (KB Bakewell Seaside Venture II, LLC, Real Party in Interest) (2022) ___ Cal.App.5th ___ be published. Matt
ESG and Law Institute Hosts Virtual Roundtable on Impact of EC’s Upcoming Sustainable Finance Disclosure Regulation
On May 17, the ESG and Law Institute hosted a virtual roundtable, “Upcoming Collision: SFDR and Human Capital Data,” with general counsel, heads of ESG, chief compliance officers and other C-Suite executives from top financial institutions and asset management firms.
Dave Curran, executive director of the Institute and co-chair of the Paul, Weiss ESG Advisory
“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine
By Adam R. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega
Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.
The Multi-Employer Worksite Doctrine allows the
California Air Resources Board Releases Draft Scoping Plan Update (Part 3)
CARB doubles down on LCFS Program and liquid transportation fuels.
By Joshua T. Bledsoe and Jennifer Garlock
On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment. Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006 (AB
U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels.
One of the complicating factors to offshore wind development in the United States is the applicability of the Jones Act, and
Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee
In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid on
Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints.
Brazil’s Federal Government Publishes Decree Establishing National Greenhouse Gas Emissions Reduction System
On May 19, 2022, the Brazilian Federal Government published Decree No. 11,075/2022 (“Decree”), which establishes the National Greenhouse Gas Emissions Reduction System and the related procedures for the implementation of the Sectoral Plans for Climate Change Mitigation. The Brazilian National Policy on Climate Change (Federal Law No. 12,187/2009) mentions the implementation of such plans, and
Shale Law Weekly Review—Week of May 30, 2022
Pipelines: PHMSA Announces New Rulemaking for Carbon Dioxide Pipelines
On May 26, 2022, the U.S. Pipelines and Hazardous Materials Safety Administration (PHMSA) announced a new rulemaking to update standards for carbon dioxide (CO2) pipelines. Additional new measures include an updated nationwide advisory bulletin and research solicitations to strengthen current pipeline safety. According to PHMSA, this
SEC Charges Mining Company with Misleading Investors in its ESG Disclosures
this SEC ESG enforcement action can only be seen as a harbinger of things to come