As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing rule for one of the five PBTs – phenol, isopropylated phosphate (3:1) (known as “PIP
Agricultural Law Weekly Review – Week Ending October 22, 2021
Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to
Miller Starr Regalia To Present Online On CEQA Developments At Upcoming Seventh Annual California Land Use Law & Policy Conference
On November 18, 2021, the publishers of the California Land Use Law & Policy Reporter and sponsoring law firms (including Miller Starr Regalia) will present, in an online format, the Seventh Annual California Land Use Law Policy Conference. The one-day program will cover numerous topics including recent housing legislation, environmental justice, tribal consultation, the Surplus
Court Denies Class Certification in Illinois Oil Spill Case
On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois, September 30, 2021). Plaintiffs’ claims arose out of a 2015 spill of approximately 100 barrels of crude oil at a
Biden EPA Decides to Keep a Trump EPA NSR Rule … For Now
The Biden EPA just did something unexpected — it decided to keep a Trump EPA rule, at least for the time being. The rule, known as “project emissions accounting” under the “New Source Review” (NSR) air permitting program, allows sources of air emissions to avoid permitting by using emission decreases to offset an increase that
New Report Highlights Need for Coordinated and Consistent U.S. Policy to Address Possible Impacts to Financial Stability Due to Climate Change
“Climate change is an emerging threat to the financial stability of the United States.” So begins a recently issued Financial Stability Oversight Council (FSOC) Report, identifying climate change as a financial risk and threat to U.S. financial stability and highlighting a need for coordinated, stable, and clearly communicated policy objectives and actions in order
Biden Administration Accelerates Federal Regulation of PFAS
This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. The EPA’s stated goal is to focus on PFAS both upstream and downstream.
Upstream EPA intends to look at evaluating toxicity
Are Reductions in Parking a CEQA Impact – Second District Finds Context is Key
On August 19, 2021, in Save Our Access – San Gabriel Mountains vs. Watershed Conservation Authority, the Second District Court of Appeal, in reversing the lower court’s judgement, upheld an Environmental Impact Report’s (EIR’s) finding of less than significant impact under CEQA for an intentional reduction in parking meant to protect and restore the
The UK’s Net Zero Strategy
On 19 October, alongside a number of other important strategy documents (over 2,000 pages in total), the UK Government published its ‘Net-Zero Strategy’ (NZS) which will help achieve the UK’s interim five yearly carbon targets leading up to net-zero by 2050.
TCFD Releases New Guidance on Climate-Related Metrics, Targets, and Transition Plans
The guidance offers clarification on key aspects of the TCFD’s recommendations on climate reporting.
By Paul A. Davies, Michael D. Green, and James Bee
On 14 October 2021, the Task Force on Climate-related Financial Disclosures (TCFD) released a new guidance document on climate-related metrics, targets, and transition plans (the Guidance). The Guidance seeks