Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project approved by FERC. The Court found that FERC was too quick to conclude that those downstream impacts could
EU public consultation on Commission’s review of the RoHS Directive
The European Commission is currently seeking public comment as part of its review of the Restriction of Hazardous Substances in Electrical and Electronic Equipment Directive (Directive 2011/65/EU) (the RoHS Directive).
The aim of the RoHS Directive is to reduce the risk to human and environmental health by restricting the use of certain hazardous substances in
Agricultural Law Weekly Review—Week Ending March 11, 2022
Avian Influenza: Detections Now in Sixteen StatesThe United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed highly pathogenic avian influenza (HPAI) detected in domestic poultry in the following states: Indiana—Feb. 8, 16, 23 (two separate premises) and 24 and Mar. 2 in commercial turkeys; Kentucky—Feb. 12 in commercial broiler
Impact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal Code
In Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985, the Fourth District Court of Appeal upheld the trial court’s determination that the City of Santa Cruz (City) had complied with CEQA in approving a 32-unit residential project (Project) and overturned the trial court’s ruling that the City had
Crunch Time for Critical Minerals in the US
Following up on Squire Patton Boggs’s continuing coverage of the critical minerals industry, we examine some recent reforms in the federal permitting process which aim to ease supply-side constraints by expediting the development and exploitation of critical minerals. Rapidly mounting geopolitical tensions, East/West decoupling, and longstanding supply chain stresses underlie a new reality—global logistics
EPA Budget Includes CCS Injection Program Investment
EPA’s budget, approved by Congress last week, increases investment in the agency’s Safe Drinking Water Act Underground Injection Control (UIC) program. A joint statement accompanying the budget specifies that $5 million is available for EPA to develop expertise and capacity in the UIC Class VI well program, and these dollars should be used to process
EPA Proposes Rulemaking to Update All Appropriate Inquiry Standards for Phase Is
On March 14, 2022, the U.S. Environmental Protection Agency (“EPA”) published (1) a direct final rule and (2) a proposed rule that would update the standard that consultants follow to ensure Phase I reports satisfy the All Appropriate Inquiry standard (“AAI”).
To qualify for certain defenses under the Comprehensive Environmental Response, Compensation, and Liability (“CERCLA”)
California and the World Move Toward Cleaning Up Microplastics: What You Need to Know Now
Late last month, California adopted a first-in-the nation strategy to address microplastics in the environment. Shortly thereafter, on March 2, 2022, the United Nations Environment Assembly adopted a resolution setting up a path to a global treaty to end plastic pollution. And, after adopting the world’s first regulatory definition of “microplastics in drinking water” in
United Nations Treaty to End Plastic Pollution
On 2 March 2022, 175 nations endorsed a historic resolution at the fifth session of the United Nations Environmental Assembly to develop a draft global agreement on plastic pollution by the end of 2024. Significantly, the resolution covers the full lifecycle of plastic including its production, design and disposal. Inger Andersen, Executor Director of the
SEC Chair Tweets about Upcoming ESG Regulation
SEC effort will “build upon” the existing naming rules and conventions authorized by the Investment Company Act of 1940