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Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Miller Starr Regalia

Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite...

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In a terse opinion filed September 13, and modified and ordered partially published on October 3, 2024, the Third District Court of Appeal upheld an award of reasonable record preparation cots to prevailing lead agency County...more

K&L Gates LLP

Brussels Regulatory Brief: September 2024

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Antitrust and Competition - The Court of Justice of the European Union Finds That the European Commission Lacks Jurisdiction to Review Transactions That Fall Below the EU and National Merger Filing Thresholds -On 3 September...more

BCLP

Beyond the £22BN Pledge: What the UK Needs to Do to Develop Its Carbon Capture, Usage and Storage Industry

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Last week, the UK Government pledged £22 billion towards the development of the carbon capture, usage and storage (CCUS) industry in the UK. This is a significant step towards achieving net-zero emissions by 2050. ...more

ASKramer Law

Energy Tax Credits for a New World Part IX: Overview of Changes to Traditional Tax Equity Financing

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Tax equity investments in 2023 were about $20 billion annually. To meet the goals of the Inflation Reduction Act (IRA), “many forecasters estimate that tax equity will need to increase […] to over $50 billion.”...more

Bergeson & Campbell, P.C.

Canada’s Proposed Plan of Priorities Includes Several Nanoscale Materials; Comments Are Due December 4, 2024

On October 5, 2024, the Minister of the Environment announced in the Canada Gazette publication of a proposed plan of priorities for the assessment of chemical substances. Under the 2023 amendments to the Canadian...more

Nossaman LLP

Developing Areas of Leasing and Environmental Social Governance

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The field of real estate law and commercial leasing is established and well-tested. For this reason, most landlords and tenants that enter into negotiations with their legal team and real estate brokers are very familiar with...more

Best Best & Krieger LLP

The Shifting Landscape of Water Rate Setting

The landscape for water rate setting in California is quickly evolving, and public agencies face growing challenges adjusting to new and complex standards when establishing or increasing water fees and charges. For example,...more

Husch Blackwell LLP

Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

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California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the...more

Braumiller Law Group, PLLC

The Future of Environmental Protection Laws and Trade Agreements - Hot Topics in International Trade - October 2024

Historically, trade agreements have focused on reducing barriers to trade—such as tariffs and quotas—while encouraging economic integration and growth. Environmental protection was often considered a separate issue, addressed...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 30 - October 4, 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dunes Sagebrush Lizard/Endangered Species Act: Texas Attorney General Files Action Challenging Listing

The Texas Attorney General (“AG”) on behalf of the State of Texas filed a September 23rd Complaint and Petition for Review (“Complaint”) in the United States District Court (Western District of Texas) against the United...more

Bracewell LLP

Security Over EU ETS Allowances: A French Legal Perspective

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As the European Union doubles down on its commitment to reducing greenhouse gas emissions, EU Emission Trading System (EU ETS) allowances have become not only an environmental tool but also a valuable financial asset. While...more

Wilson Sonsini Goodrich & Rosati

California Governor Gavin Newsom Signs Bill Enacting Changes to California Climate-Related Disclosure Laws

On September 27, 2024, California Governor Gavin Newsom signed Senate Bill 219, the Greenhouse gases: climate corporate accountability: climate-related financial risk (SB 219) after the California Assembly and Senate each...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fort Smith, Arkansas Facility: Arkansas Department of Energy and Environment - Division of Environmental Quality and Motors...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and ABB Motors & Mechanical Inc. (“ABB”) entered into an October 2nd Elective Site Cleanup Agreement (“ESCA”). See LIS No. 24-145. ...more

Bracewell LLP

CFTC, DOJ and SEC Announce Landmark Prosecutions Alleging Fraud in Connection With Voluntary Carbon Credits

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On October 2, 2024, the Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), and the Securities and Exchange Commission (SEC) announced parallel prosecutions charging a carbon credit project...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Concentrated Animal Feeding Operations/Clean Water Act: Federal Appellate Court Addresses U.S. Environmental Protection Agency's...

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in an October 2nd Memorandum an appeal of the United States Environmental Protection Agency’s (“EPA”) denial of a Petition for Rulemaking under...more

Lippes Mathias LLP

Establishing Site Control is Just the Beginning: Initial Real Estate Diligence of Renewable Energy Projects

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Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part...more

Sheppard Mullin Richter & Hampton LLP

Central Atlantic Auction – Key Takeaways and Next Steps

On August 14, the Bureau of Ocean Energy Management (BOEM) held an auction for two offshore wind areas in the Central Atlantic off the coasts of Delaware, Maryland and Virginia. While seventeen companies were qualified to bid...more

Pillsbury - Gravel2Gavel Construction & Real...

Resilience: Transforming the Energy Sector – AI and the Energy Transition | Episode 1 (10.7.24)

Colleague and host Shellka Arora-Cox recently sat down with Sandhya Ganapathy, CEO of EDP Renewables North America, to discuss the fascinating intersection of the energy transition and artificial intelligence....more

Pillsbury - PFAS Observer

New Lawsuit Highlights PFAS Exposure for Fertilizer Manufacturers

A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging...more

White & Case LLP

Picking up speed on the road to carbon-neutrality

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The drive to achieve a carbon-neutral future is accelerating. Through the 2015 Paris Climate Agreement, nations committed to curbing climate change by limiting global temperature increases to no more than 2°C above...more

Hogan Lovells

Our key takeaways from the Carbon Capture Global Summit 2024

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We recently attended the Carbon Capture Global Summit held at the QEII Centre in London. The summit, attended by Partners Ben Sulaiman and Andy Shaw, and Senior Associate Firas Albani, serves as a global forum dedicated to...more

BCLP

California Passes Trend-Setting EPR Law for Apparel, Textiles

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California has become the first state in the nation to pass an extended producer responsibility (EPR) law making producers of apparel and textiles responsible for the full lifecycle of those products....more

Baker Botts L.L.P.

CFTC, SEC, and SDNY Break New Ground and File Charges Against Carbon Credit Project Developer and Former Executives for Fraudulent...

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On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel...more

Oberheiden P.C.

A Guidebook for AFFF Lawsuits

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Thousands of AFFF firefighting foam lawsuits have been filed against the chemical manufacturers behind aqueous film forming foam (AFFF), a common type of firefighting foam that is often used for gasoline and fuel fires. This...more

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