By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Scott T. Fenton, Jose Almanzar, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: United States Environmental Pr
otection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy
The Food (Promotion and Placement) (England) Regulations 2021 will come into force on 1 October 2022 and impact foods High in Fat, Salt and Sugar (HFSS) by introducing restrictions on volume offers and new rules on placement in retail stores and promotion. These include a 9 p.m. watershed on all advertising of HFSS foods and
Consider two longer-term trends in environmental law and policy: (a) refocusing from rural and wild places to the environment where people are, and (b) dealing with the regulatory advantage given to existing things rather than new things when that is probably backwards. The first in particular dovetails with some of the points made by the
Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.” Furthermore, she complained that:
Addressing this crisis requires flexibility and creativity. … Federal environmental responsibilities, such as the National Environmental Policy Act (NEPA), can slow, discourage, or prevent these creative solutions.
Late last month, FERC issued a notice of proposed rulemaking. Its intent is to “remedy deficiencies in the Commission’s existing regional transmission planning and cost allocation requirements.” In short, it’s time for a 21st Century grid that actually accommodates changes in how electricity is being generated.
I’m not sure I can improve much on
Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law. The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable,
Phillips Lytle Partner and Team Co-Leader of the firm’s Energy Practice David P. Flynn, and Energy Consultant Dennis W. Elsenbeck, were once again recognized as a power leaders on City & State’s 2022 Energy & Environment Power 100 list. Ranking at #68 and #70 respectively, Mr. Flynn and Mr. Elsenbeck have been identified
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or injunctive relief. I don’t think that the decision would even have been newsworthy, if it hadn’t required that
After much anticipation, on March 24, 2022, the Securities and Exchange Commission (SEC) proposed a series of new and extensive disclosure rules that would require all registered companies, including foreign private issuers, to include detailed climate-related information in their registration statements and periodic reports, and climate-related financial statement metrics in a note to their audited
On April 28, the U.S. Court of Appeals for the First Circuit, sitting en banc, overturned its own 30-year-old precedent on the Clean Water Act (CWA), North & South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991). Under Town of Scituate, “diligent prosecution” of a federal administrative enforcement