News & Analysis as of

NRDC

California Court of Appeals Upholds California’s Cap-and-Trade Program

by Stoel Rives LLP on

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

Petitioners File Motion for Further Mandamus Relief in Response to EPA’s Order Denying Petition to Ban Chlorpyrifos

by Bergeson & Campbell, P.C. on

On April 5, 2017, Petitioners Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) (Petitioners) filed a Motion for Further Mandamus Relief in the Ninth Circuit Court of Appeals...more

President Trump’s Two for One Deal

by Williams Mullen on

In his first week in office, President Trump issued executive orders freezing all pending federal regulations and halting executive agency hiring. To begin week two, the President issued an executive order requiring federal...more

EPA Denies Petition to Ban Chlorpyrifos

by Bergeson & Campbell, P.C. on

On March 29, 2017, U.S. Environment Protection Agency (EPA) Administrator Pruitt signed an order denying the September 2007 petition of the Pesticide Action Network (PANNA) and the Natural Resources Defense Council (NRDC)...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

by Hogan Lovells on

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

Trump’s 2 for 1 Regulatory Reduction Challenged in Court

President Donald Trump’s Executive Order requiring two regulations be repealed for every new one adopted and related OMB guidance have been challenged in a law suit commenced in the U.S. District Court for the District of...more

Environmental Organizations File Litigation Briefs Supporting New York’s ZEC Program

by McDermott Will & Emery on

Two environmental organizations, Environmental Defense Fund (EDF) and Natural Resources Defense Council (NRDC), have weighed in to defend the legality of New York State’s Zero Emissions Credit (ZEC) program in ongoing...more

ICYMI: Energy & Environmental News Round-Up

Oil & Gas - Lease Does Not Preclude Noise and Light Nuisance Suit from Reaching Jury - On Friday, October 14, 2016, the U.S. District Court for the Middle District of Pennsylvania allowed a Northeast Pennsylvania...more

Ninth Circuit Finds Navy’s Low Frequency Active Sonar Program Violates Marine Mammal Protection Act

by Perkins Coie on

In NRDC v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit confirmed that the Marine Mammal Protection Act’s (MMPA) incidental take authorizations will be construed narrowly and conservatively, giving the benefit of...more

Wyoming Prohibits Trespassing For Resource Data Collection: Might Massachusetts Follow?

In a fascinating case, Judge Scott Skavdahl (who recently struck down BLM’s fracking regulations) dismissed challenges from NRDC and PETA, among others, to a Wyoming law that prohibits trespassing on private land for the...more

EPA Requests Six Month Extension of Deadline for Decision on Chlorpyrifos Tolerance Revocation

On June 29, 2016, the U.S. Environmental Protection Agency (EPA) submitted a status report in the Ninth Circuit Court of Appeals case concerning a petition by Pesticide Action Network North America (PANNA) and the Natural...more

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

China’s Central Bank Issues Further Guidance on Inbound Foreign Debt

by White & Case LLP on

On 29 April 2016, the People’s Bank of China (“PBOC”) promulgated the Circular on the Nationwide Implementation of Prudent Administration of Cross-Border Financings (the “PBOC Circular”). The PBOC Circular came into effect on...more

EPA Continues to Dismantle Clean Air Act Affirmative Defenses — Blame It On the Judge(s)

On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register. EPA describes most of the changes as “technical corrections,” but there is one important substantive change. ...more

EPA Defends Conditional Nanosilver Registration

by Bergeson & Campbell, P.C. on

On March 8, 2016, the U.S. Environmental Protection Agency (EPA) filed its brief in the U.S. Court of Appeals for the Ninth Circuit responding to two petitions for review of its conditional registration of a nanosilver...more

EPA and Municipalities Respond to Increased Concerns About Lead in Drinking Water

by McGuireWoods LLP on

Since the public discovery of widespread lead contamination of drinking water in Flint, Michigan, there has been increased scrutiny on the status of drinking water regulation and aging water infrastructure. While the crisis...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2016

by Bergeson & Campbell, P.C. on

NAS Hosts Workshop On Low Dose Toxicity: On February 3, 2016, the National Academies of Sciences (NAS), Engineering, and Medicine Low Dose Committee heard presentations on several chemicals and the potential effect each may...more

2016 Water Outlook

by McGuireWoods LLP on

There are several significant regulatory and legal actions involving water issues that are expected to unfold in 2016. Each has the potential to significantly impact the regulated community and all bear watching in 2016. ...more

Ninth Circuit Denies EPA Motion for Vacatur, Grants EPA Motion for Remand

by Bergeson & Campbell, P.C. on

On January 25, 2016, in a significant development in the case involving the continued registration of DowAgrosciences LLC’s (DowAgro) Enlist Duo product, the U.S. Court of Appeals for the Ninth Circuit in Case Nos. 14-73353,...more

The Evolving Landscape for Finance in Greater China

by Latham & Watkins LLP on

Hong Kong has long served as a financial center for Asia. Now, as demand for capital in mainland China increases, and Chinese restrictions are easing, the region is poised for greater cross-border activity in the financial...more

EPA Requests Comments on Revocation of Chlorpyrifos Tolerances

by Bergeson & Campbell, P.C. on

On October 30, 2015, the U.S. Environmental Protection Agency (EPA) announced that it is requesting comments on a proposal to revoke all tolerances for the insecticide chlorpyrifos in response to a U.S. Court of Appeals for...more

China: NDRC Abolishes Pre-approval Requirement for Offshore Bond Offerings and Loans

by Latham & Watkins LLP on

NDRC’s easing of restrictions will likely facilitate Chinese companies’ entrance into international debt capital and loan markets. Introduction - On 14 September 2015, China’s National Development and Reform...more

Environmental Groups File Opening Briefs Challenging Enlist Duo Herbicide

by Bergeson & Campbell, P.C. on

On October 23, 2015, in the U.S. Court of Appeals for the Ninth Circuit, Petitioner the Natural Resources Defense Council (NRDC) and Petitioners the Center for Food Safety, National Family Farm Coalition, Pesticide Action...more

High Court of Australia determines isolated BRCA1 gene not patentable in Australia

by FPA Patent Attorneys on

The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia...more

The Ninth Circuit Holds Transfer of Water in Klamath River Basin Does Not Require Clean Water Act NPDES Permit

by Perkins Coie on

On August 21, 2015, the Ninth Circuit Court of Appeals affirmed an Oregon district court’s ruling that a Clean Water Act National Pollutant Discharge Elimination System permit is not required for the discharge of water from...more

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