In a published opinion filed November 4, 2021, the Second Appellate District (Div. 8) affirmed the Los Angeles County Superior Court’s order denying International Longshore and Warehouse Union Locals 13, 63, and 94’s (“Union”) motion for permissive intervention in complex CEQA litigation involving the China Shipping Container Terminal (“Terminal”) in the Port of Los Angeles.
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Local Regulation of Fossil Fuel Pipelines (or The Little City That Could)
With all the attention focused on the Keystone pipeline and the disputes over local regulation of fracking, it’s easy to overlook the small city of South Portland, Maine (population 26,000), which just prevailed in the First Circuit in a challenge to its regulation of an international oil pipeline that originates in Montreal and ends in…
OSHA’s vaccine ETS has arrived for large private employers
On October 21, 2021, we published an article called “Waiting for OSHA: pending vaccine ETS and increased enforcement.” In the article, we discussed the then-pending Emergency Temporary Standard (ETS) regarding vaccinating the workforce OSHA was tasked with developing by President Biden in his “Path Out of the Pandemic” memorandum. The ETS is scheduled…
FCA Launches Discussion on Sustainability Disclosure Requirements and Product Labels
The regulator is inviting views on potential criteria for classifying and labelling investment products, and on further entity- and product-level sustainability-related disclosures.
By David Berman, Paul A. Davies, Nicola Higgs, Anne Mainwaring, and Charlotte Collins
On 3 November 2021, the FCA published a Discussion Paper (DP21/4) on UK Sustainability…
As COP26 Begins in Glasgow, at Home EPA Releases Bold Proposal on Oil and Gas Methane Emissions: Four Elements Worth Knowing
Building on the Biden Administration’s strategy to achieve net-zero greenhouse gas (GHG) emissions by 2050, and as world leaders begin gathering in Glasgow, Scotland, yesterday, the US Environmental Protection Agency (EPA) issued a proposal under the Clean Air Act to significantly expand regulation of methane from oil and gas operations in the United States. The…
EPA Rule Eliminates Exemptions for Importers of Mercury-Containing Products
On November 2, 2021, the U.S. EPA announced revisions to its mercury inventory reporting rule under TSCA. The revisions eliminate an exemption for companies that import pre-assembled products containing a mercury-added component. The will result in companies that import certain batteries, switches, pumps, thermostats, fluorescent lights, and other industrial equipment to file reports under TSCA…
So, What Exactly Is A Water Of The U.S.?
The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust.
The Supreme Court’s 2006 decision in Rapanos v. U.S. epitomized the challenges in finding consensus on…
A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022
By Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into…
2021 Marked by SEC Focus on Climate-related Disclosures
With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any new rules in 2021 regarding these disclosures, the SEC has been actively commenting on climate change disclosures, and new rules…
Happy Halloween from our Furry Friends from Princeton to all of you
This is a great start to a happy, healthy and safe holiday season. Enjoy!!!




