Following the U.S. Securities and Exchange Commission ("SEC")'s adoption of the climate-related disclosure rules on March 6, 2024, dozens of parties filed petitions for review across different appellate courts. The Judicial...more
Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
Key topics in Akin’s July 2024 Sustainability/ESG Policy and Regulatory Update include: Updated Assessment of SFDR by EU Regulators: The European Supervisory Authorities have proposed changes to the Sustainable Finance...more
In our previous blog, we discussed the rising operational costs associated with maintaining on-premises document management systems (DMS) in law firms. This installment will focus on another critical aspect that is compelling...more
You might recall that the litigation over the SEC’s climate disclosure rules (see, e.g., this PubCo post) was not limited to those, like the Chamber of Commerce, Liberty Energy and the State of Iowa, challenging the SEC’s...more
On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more
The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more
Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues. Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more
The Natural Resources Defense Council and 25 other environmental and climate advocacy organizations (collectively, “NRDC”) submitted November 4th comments to the United States Department of Treasury’s Internal Revenue Service...more
Several organizations filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging the United States Environmental Protection Agency’s (“EPA”) Safe Drinking...more
On March 31, the U.S. District Court for the District of Columbia denied an appeal filed by the Natural Resources Defense Council (NRDC) and other conservation groups seeking to overturn a National Marine Fisheries Service...more
The U.S. Environmental Protection Agency (EPA) announced on March 31, 2022, that it did not intend to regulate perchlorate in drinking water, leaving its July 2020 decision in place. EPA concluded that the prior decision was...more
The Natural Resources Defense Counsel has told the 9th Circuit Court of Appeals that overturning a three judge panel's "faithful application" of RCRA "could restrict private parties' abilities to use RCRA to address imminent...more
This is a big legal week for hospitals and health systems as the U.S. Supreme Court heard not one, but TWO different oral arguments related to federal government payments to hospitals and health systems. In both cases, the...more
In 2017, the Natural Resources Defense Council filed a lawsuit against the U.S. Environmental Protection Agency (EPA) over its approval of pesticides containing three active ingredients – acetamiprid, dinotefuran, and...more
The Natural Resources Defense Council (“NRDC”) and several other consumer environmental groups (collectively “NRDC”) filed a lawsuit against the United States Department of Energy (“DOE”) in the United States District Court...more
A long-running dispute between the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC) moved a step closer to resolution, with the Ninth Circuit U.S. Court of Appeals ordering EPA to...more
The United States Environmental Protection Agency (“EPA”) and three environmental organizations entered into a March 12th Consent Decree (“Decree”) addressing Section 311(j)(5)(A)(i) of the Clean Water Act. See 19 Civ. 2516...more
On July 18, 2019, the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of a Federal Register notice announcing a final order denying the Pesticide Action Network North America’s (PANNA) and the...more
Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more
On February 6, 2019, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an order granting the U.S. Environmental Protection Agency’s (EPA) and Acting EPA Administrator Andrew Wheeler’s (collectively EPA or...more
After 10 years on ice, EPA’s 2009 project aggregation rule may finally see its day in court. On Monday, January 14, 2019, NRDC filed a petition for judicial review of EPA’s recent revival of a 2009 Rule that amended EPA’s...more
Starting around 2010, China introduced a series of electric vehicle subsidies aimed at greatly improving the adoption of EVs throughout the country. The generous subsidies, which are provided by both the central and local...more
Environmental groups have filed a Notice of Intent to sue the U.S. Environmental Protection Agency (EPA) over its still draft decision not to establish a program to address potential spills of hazardous substances similar to...more
On December 10, 2018, the Natural Resources Defense Council (NRDC) submitted a letter urging Congress to investigate the reason for which DOE has not spent all of its 2018 fiscal year funding for clean energy research,...more