By Daniel R. Birnbaum, Ilana R. Morady, Benjamin D. Briggs, and Patrick D. Joyce
Seyfarth Synopsis: Following California’s Workplace Violence Prevention Plan regulation becoming effective, the California Division of Occupational Safety and Health (“Cal/OSHA”) recently published its draft Workplace Violence Prevention regulation. It is seeking public comments by September 3, 2024, with
As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and in combination, constrain the power of federal agencies
In the recent case of Fresh Air for the Eastside, Inc. v. State of New York (decided July 26, 2024), the plaintiffs sought to compel enforcement of the state’s newly adopted Green Amendment, aiming to regulate the conduct of non-state actors. The New York Appellate Division’s Fourth Judicial Department’s ruling substantially constrains use of the
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) 104 Cal.App.5th 22. The case involves the application of CEQA’s short 30-day statute of limitations for challenging an EIR’s
Pipelines: US Court of Appeals for the District of Columbia Vacates the Transcontinental Gas Pipeline Company’s Certificate to Build and Operate in U.S. 
On July 30, 2024, the United States Court of Appeals for the District of Columbia issued an opinion reversing the Federal Energy Regulatory Commission’s (FERC) approval and granting of a certificate for
Berkeley’s Natural Gas Tax is a Warning to Building Owners Nationwide
Environmental Credit Trading: Pennsylvania Passes ‘Carbon Capture and Sequestration Act’ 
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed into law S.B. 831 (Act 87), titled the “Carbon Capture and Sequestration Act.” The law vests “ownership of all pore space in all strata below the surface lands and waters of th[e] Commonwealth . .
Last month, the Pennsylvania Supreme Court held that environmental groups could intervene in litigation to use the Environmental Rights Amendment of the Pennsylvania Constitution to support a regulation even though the Department of Environmental Protection had declined to make that argument. See Shirley v. Pennsylvania Legislation Reference Bureau, No. 85 MAP 2022 (Pa. July 18, 2024).
On July 15, 2024, Governor Gavin Newsom proposed amendments that would, among other things, delay initial reporting deadlines for two of California’s recently enacted climate-related disclosure laws by two years.
Governor Newsom signed the two bills, Climate Corporate Data Accountability Act (California Senate Bill 253 (SB-253)), relating to greenhouse gas (GHG) emissions disclosures, and the
On 24 July 2024, the European Securities and Markets Authority (“ESMA”) published an opinion on the sustainable finance regulatory framework (the “ESMA Opinion”), which outlines the ESMA’s long-term vision for the functioning of the EU’s sustainable finance framework (the “Framework”). The ESMA Opinion builds on the findings of the ESMA’s progress report on greenwashing,