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Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Bergeson & Campbell, P.C.

EPA Issues Fifth Test Order for a PFAS

On October 9, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its fifth Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under...more

McGlinchey Stafford

EPA Approves New Herbicide Active Ingredient Glufosinate-P

McGlinchey Stafford on

On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management,...more

Balch & Bingham LLP

Sackett, One Year Later

Balch & Bingham LLP on

After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Preparing for the EU Corporate Sustainability Due Diligence Directive

What is the EU Corporate Sustainability Due Diligence Directive? The Corporate Sustainability Due Diligence Directive (CS3D) is a pivotal European Union directive that mandates human rights and environmental due diligence...more

A&O Shearman

European Securities and Markets Authority Publishes First Annual Report on EU Carbon Markets

A&O Shearman on

The European Securities and Markets Authority has published its first annual report on EU carbon markets. The report delivers insights into the functioning of the EU Emissions Trading System market. Key findings highlighted...more

Seward & Kissel LLP

SEC Charges Adviser with Failing to Follow ESG Investment Criteria

Seward & Kissel LLP on

Who may be interested: Registered Investment Companies; Directors of Registered Investment Companies; Investment Advisers - Quick Take: The SEC recently charged a registered investment adviser for alleged misstatements and...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Scrap Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor Corporation (“Nucor”) entered into an October 14th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Paul Hastings LLP

The Future of ESG and Antitrust Post-Election

Paul Hastings LLP on

While elections bring uncertainty, one antitrust issue is certain to play a prominent role regardless of the outcome; namely, the future of Environment, Social & Governance (ESG) initiatives. One need look no further than...more

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

Environmental Services Firms: Federal Court Addresses Dispute Arising Out of Joint Marketing Agreement

A United States District Court (N.D. Ohio) (“Court”) in an October 14th Order addressed a dispute arising out of a Confidentiality and Non-Disclosure Agreement (“NDA”) and Memorandum of Understanding (“MOU”) involving two...more

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

Something in the Air/Bridging the Air Quality Data Gap with Satellite Technology: American Lung Association Report

The American Lung Association (“ALA”) issued on October 29th a report titled: Something in the Air Bridging the Air Quality Data Gap with Satellite Technology (“Report”). The Report reviews the use of...more

Ius Laboris

Things Are Hotting Up: Wildfires in Brazil and the Law in Brazil and Elsewhere

Ius Laboris on

Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts. The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole,...more

Nossaman LLP

Court Holds Agency May Not Cure its Failure to Analyze Project’s Potential for Increased Wildfire Risk

Nossaman LLP on

In a partially published decision in People ex rel. Bonta v. County of Lake (Oct. 13, 2024, A165677) __ Cal. App. __ [2024 Cal.App. LEXIS 667], the First District Court of Appeal affirmed the trial court’s ruling in favor of...more

Foley Hoag LLP - Environmental Law

In the Void Left by Congress's Failure to Address Plastic Pollution, More Litigation Such as This Is Inevitable

Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo concerning contamination of the Buffalo River. At the time, I...more

BCLP

PFAS Update: California Enacts New PFAS Enforcement and Registration Law

BCLP on

On September 29, 2024, Governor Newsom approved AB 347 which, among other things, finally answers the question of which California agency will be tasked with enforcing and interpreting at least some of California’s PFAS in...more

Bergeson & Campbell, P.C.

RAC and SEAC Will Continue to Evaluate Proposed PFAS Restriction in 2025

According to the European Chemicals Agency’s (ECHA) September 2024 summary of the current status of the scientific evaluation of the proposal to restrict per- and polyfluoroalkyl substances (PFAS), ECHA’s Scientific...more

Bergeson & Campbell, P.C.

Treasury and IRS Issue Guidance for SAF Credit

On October 18, 2024, the U.S. Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued Notice 2024-74 for the Sustainable Aviation Fuel (SAF) credit created by the Inflation Reduction Act...more

Foley Hoag LLP - Environmental Law

How Will the Election Results Affect the Supreme Court (If At All!)?

As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court. In my little world, people are particularly concerned...more

Allen Matkins

California Environmental Law & Policy Update - November 2024 #1

Allen Matkins on

Two weeks after setting a nationwide deadline for removal of lead pipes, the Biden administration is imposing strict new limits on dust from lead-based paint in older homes and child-care facilities....more

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

Transportation Electrification in the Southeast: Fifth Annual Report/October 2024

The Southern Alliance for Clean Energy (“SACE”) has issued: Transportation Electrification in the Southeast – Fifth Annual Report/October 2024 (“Report”). ...more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Mintz on

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

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

Drinking Water State Revolving Funds: U.S. Environmental Protection Agency Releases 2023 Annual Report

The United States Environmental Protection Agency (“EPA”) released on October 17th its: 2023 Drinking Water State Revolving Fund Annual Report (“Report”). ...more

Goldberg Segalla

Law Gives California’s Energy Commission Ability to Nudge Oil Refiners to Make Better Inventory Decisions

Goldberg Segalla on

California Gov. Gavin Newsom on October 14 signed into law Assembly Bill X2-1, significantly increasing the authority of the California Energy Commission (CEC) to create requirements for the state’s oil refiners to preserve...more

Holland & Knight LLP

Election Implications for Clean Energy, Climate and Critical Mineral Programs at DOE

Holland & Knight LLP on

As the Biden Administration moves swiftly to implement the trifecta of legislation it has worked to have enacted in the last three years – the Bipartisan Infrastructure Law (BIL), CHIPS and Science Act, and the Inflation...more

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

Ozone/Clean Air Act: Kentucky Files Judicial Action Against U.S. Environmental Protection Agency for Alleged Delay in NAAQS...

The Commonwealth of Kentucky, Energy and Environment Cabinet and Louisville Metro Air and Pollution Control District (collectively, “Kentucky”) filed a Complaint in the United States District Court for the Western District of...more

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

Stormwater Enforcement/Clean Water Act Citizen Suit Action: Conservation Law Foundation Notice of Intent to Sue Operator of East...

The Sims facilities are stated to buy, process, and sell ferrous and non-ferrous scrap metal, appliances, junk cars, trailers, and electronics. Such items are stated to be stored outdoors in uncovered piles or bales at the...more

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