Gearing up for a potential final rule in summer 2023, the U.S. Environmental Protection Agency (EPA) on January 10 submitted a proposed rule to the White House Office of Management and Budget (OMB) to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction
By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, Bradley D. Doucette, and Ilana R. Morady
Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency
Breaking News: Supreme Court Stays OSHA COVID-19 Vaccination Standard
Just about an hour ago, the Supreme Court reinstated a nationwide stay of OSHA’s temporary emergency standard related to COVID-19, including the vaccination/testing requirements that were scheduled to be enforced starting in February. The court, in an unsigned opinion that appears to have been supported by a 6-3 majority (Justices Breyer, Sotomayor and Kagan dissented),
BOEM Begins Key Environmental Assessment in Preparation for Offshore Wind Development in the GOM
In support of the Biden administration’s goal of permitting 30 gigawatts of offshore wind by 2030, the Bureau of Ocean Energy Management (“BOEM”) announced that it has been begun preparing its draft environmental assessment to evaluate the potential impacts of offshore wind development in federal waters in the Gulf of Mexico.
The area to be
BOEM Announces Upcoming Wind Energy Lease Auction in the New York Bight; New York’s Next Offshore Wind Solicitation to Follow
Today, January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that on February 23, 2022 it will hold a wind energy lease auction for six areas in the New York Bight (NY Bight), the coastal area between Long Island and the New Jersey coast. BOEM’s issuance of the Final Sale Notice (FSN) for
Leveraging Taxonomies: How Asset Managers Are Using New Sustainability Classification Systems – Part II
The sustainable investing market is witnessing remarkable growth: since 2018, annual cash flows into sustainable funds have increased tenfold. Now, more than ever, investors and asset managers alike seek sustainable products and strategies offering robust financial returns. The field, however, has been haunted by greenwashing claims and a lack of consistency in identifying what,
Small, Domestic Water Permit Deemed Ministerial, Exempt From CEQA
In Mission Peak Conservancy v. State Water Resources Control Bd. (2021) 72 Cal.App.5th 873, the First District Court of Appeal held that the State Water Resources Control Board’s (SWRCB) streamlined permitting process for small, domestic water appropriations was ministerial, reiterating that “CEQA does not regulate ministerial decisions—full stop.”
Mission Peak Conservancy and an individual (collectively,
ISS, Glass Lewis Focus on ESG in 2022 Benchmark Proxy Voting Policies
The policies aim to provide crucial guidance to public companies amid the growing importance of ESG in proxy voting.
By Paul A. Davies, Michael D. Green, Andra Troy, and James Bee
In late 2021, Institutional Shareholder Services (ISS) and Glass, Lewis & Co (Glass Lewis), the two leading proxy advisory firms, released
President Biden Outlines Comprehensive Plan for Federal Sustainability
The president’s executive order aims to use the US government’s procurement power to achieve “carbon pollution-free electricity” by 2030 and net zero emissions by 2050.
By Jennifer Roy and Julie Miles
On December 8, 2021, President Biden issued an Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (EO), which aims to
Environmental Enforcement in 2022: Renewed Focus on Criminal Conduct, Compliance
Last year, Covington predicted an increased focus on environmental enforcement under the Biden Administration. Recent statements by key environmental leadership have confirmed this, further sharpened Administration priorities, and track renewed focus by DOJ more broadly on combating corporate malfeasance. In the coming year, regulated entities should prepare for increased criminal enforcement, including consideration of