Companies interested in the scope of environmental marketing claims and mitigating potential litigation risks should act fast as the window for comments is closing soon.
By Paul Davies, Robin M. Hulshizer, Jacqueline Y. Zhang, Danny Dvorak, Julia Hatcher, and Tony Kim
Latham & Watkins presents a blog series on the
The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims.
By Kegan A. Brown, Gary P. Gengel, G. Jack Mathews, and Thomas C. Pearce
On January 18, 2023, the US Department of the Interior (DOI) Office of Restoration and Damage
The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement.
By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West
On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its National Enforcement and Compliance
The Guidance would increase expectations for regulated financial institutions to identify, measure, monitor, and control climate-related financial risks.
By Betty M. Huber, Arthur S. Long, Pia Naib, Austin J. Pierce, and Deric Behar
For the past few years, the New York State Department of Financial Services (DFS) Superintendent has prioritized setting
By Paul Davies, Sarah Fortt, Betty M. Huber, Karmpreet Grewal, and Austin Pierce
On January 4, 2023, the Office of Information and Regulatory Affairs released the Fall 2022 Regulatory Flexibility Agenda. The agenda includes several updates to the Securities and Exchange Commission’s plans for various ESG-related actions.
A summary of primary
Navigating a global patchwork of ESG regulation and enforcement while preparing for greenwashing claims and other ESG litigation will likely be among the main concerns for companies in 2023.
By Paul Davies, Sarah Fortt, and Betty M. Huber
Both anticipated and less expected changes occurred across the ESG landscape in 2022. Anticipated changes
EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13.
By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson
On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come.
By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer,
The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045.
By Joshua Bledsoe, Jen Garlock, and Brian McCall
On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan for Achieving Carbon Neutrality (Final Scoping Plan). Assembly Bill (AB)
By Paul A. Davies, Michael D. Green, and James Bee
The CBAM would seek to mitigate carbon leakage through the imposition of a levy on carbon-intensive imports into the EU, while free allowances under EU ETS would be phased out.
On 13 December 2022, negotiators from the European Parliament and European Council reached