Beveridge & Diamond PC

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1900 N St. NW, Suite 100
Suite 100
Washington, District Of Columbia 20036, United States
Phone: 2027896224
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Civil Rights
  • Class Action
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Insurance
  • Litigation
  • Products Liability
  • Real Estate
  • Toxic Torts
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Maryland
  • Massachusetts
  • New York
  • Texas
  • Washington
Number of Attorneys
100+ Attorneys

California Requires Disclosures for Voluntary Carbon Offsets and Climate-Related Claims Beginning in 2024

In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new disclosure…more

Carbon Emissions, Climate Change, Disclosure Requirements, Greenhouse Gas Emissions

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Army Corps of Engineers Proposes to Rescind Its Specific Approach to Historic Properties

The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would…more

Historic Preservation, Sackett v EPA, US Army Corps of Engineers, Wetlands

See all updates »

EPA Proposes Pesticide Conservation Measures for Protected Species

Key Takeaways - What Happened: EPA proposed mitigation measures for pesticide use to minimize impacts to listed species…more

Endangered Species Act (ESA), Environmental Protection Agency (EPA), Pesticides

See all updates »

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

See all updates »

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

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2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral Development Cases in Coming Year

B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our litigation…more

Environmental Protection Agency (EPA), SCOTUS, Tribal Lands, Water, Water Rights

See all updates »

DOJ Announces Continued Focus on Curbing White Collar Crime

Deputy Attorney General (DAG) Lisa Monaco recently delivered keynote remarks at the American Bar Association’s 39th National Institute on White Collar Crime. She announced that the Department of Justice (DOJ) would continue to…more

Attorney General, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

See all updates »

California Adopts New Workplace Violence Prevention Law

Governor Newsom has signed California's SB 553, which will require almost all employers to take certain steps to prevent workplace violence. Among other measures, SB 553 requires California employers to adopt comprehensive…more

Employer Liability Issues, State Labor Laws, Workplace Safety, Workplace Violence

See all updates »

EPA Issues Enforcement Alert Targeting BWON and QQQ Noncompliance at Refineries and Chemical Manufacturers

The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene Waste…more

Chemicals, Clean Air Act, Environmental Protection Agency (EPA), Manufacturers

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

New York Extends Limitations Period for Emerging Contaminant Claims by Water Suppliers

On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h (amended…more

Contamination, Statute of Limitations, Water, Water Supplies

See all updates »

Countries to Resume Negotiations on Global Plastics Pollution Treaty: Outlook for INC-4

Countries are preparing for a new round of negotiations on an ambitious legally binding international treaty to address plastics pollution across the entire life cycle of plastics per the UNEA 5.2 mandate in resolution 5/14. As…more

Environmental Policies, Plastics, Pollution Control, Recycling, Waste Management

See all updates »

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to the…more

CERCLA, Chapter 11, Commercial Bankruptcy, Contamination, Hazardous Waste

See all updates »

What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses

A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral orders…more

Chemicals, Environmental Protection Agency (EPA), Manufacturers, SNUR, Toxic Substances Control Act (TSCA)

See all updates »

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies

On March 6, the U.S. Securities and Exchange Commission (SEC) voted (3-2) to adopt final rules entitled, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the “Final Climate Rules”). The Final…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Proposed Rules

See all updates »

Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty

Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New…more

Greenhouse Gas Emissions, Motion to Dismiss, Water

See all updates »

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

FWS Issues Streamlined General Permits for Incidental Take of Eagles

On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize incidental…more

Bald and Golden Eagle Protection Act, Energy Projects, Energy Sector, Incidental Take Permits, US Fish and Wildlife Service

See all updates »

DOJ Implements Nationwide “Voluntary Self-Disclosure” Program: All U.S. Attorneys’ Offices Instructed to Follow Updated Corporate Criminal Enforcement Policy

The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy…more

Cooperation, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Federal Sentencing Guidelines

See all updates »

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

See all updates »

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron…more

Chevron Deference, Fishing Industry, National Marine Fisheries Service, SCOTUS

See all updates »

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to the…more

CERCLA, Chapter 11, Commercial Bankruptcy, Contamination, Hazardous Waste

See all updates »

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Final Rules, Navigable Waters

See all updates »

What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses

A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral orders…more

Chemicals, Environmental Protection Agency (EPA), Manufacturers, SNUR, Toxic Substances Control Act (TSCA)

See all updates »

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

See all updates »

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

See all updates »

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

SEC Issues Proposed Rules on Climate-Related Disclosures

On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require disclosures…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Publicly-Traded Companies

See all updates »

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron…more

Chevron Deference, Fishing Industry, National Marine Fisheries Service, SCOTUS

See all updates »

What’s New? Fifth Circuit Invalidates EPA Orders on Significant “New” Uses

A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral orders…more

Chemicals, Environmental Protection Agency (EPA), Manufacturers, SNUR, Toxic Substances Control Act (TSCA)

See all updates »

Cannabis Business CEQA Exemption Expires on July 1: Will You Have a Permit or License to Conduct Business?

The legalization of cannabis in California has brought about a flurry of regulatory and statutory requirements to conduct business. In order to facilitate the business demand, the State postponed certain requirements, such as…more

CEQA, Exemptions, Licenses, Marijuana, Marijuana Related Businesses

See all updates »

Federal Trade Commission’s Workshop on Recyclable Claims

Key Takeaways - What’s happening? On May 23, 2023, the Federal Trade Commission (FTC) hosted a public workshop – “Talking Trash at the FTC: Recyclable Claims and the Green Guides” – to discuss “recyclable” advertising claims…more

Federal Trade Commission (FTC), Green Guides, Green Marketing, Marketing, Recycling

See all updates »

Latest Developments and Initiatives in Brazil

In this Brazilian environmental law update, we bring you the latest news on key initiatives shaping Brazil's regulatory framework and delve into diverse subjects ranging from financial responsibility and proposals for…more

Brazil, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions, PFAS

See all updates »

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

See all updates »

Countries to Resume Negotiations on Global Plastics Pollution Treaty: Outlook for INC-4

Countries are preparing for a new round of negotiations on an ambitious legally binding international treaty to address plastics pollution across the entire life cycle of plastics per the UNEA 5.2 mandate in resolution 5/14. As…more

Environmental Policies, Plastics, Pollution Control, Recycling, Waste Management

See all updates »

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific…more

Environmental Assessments, Environmental Protection Agency (EPA), IRIS, Toxic Chemicals, Toxic Exposure

See all updates »

2024 Litigation Look Ahead Series: Increased Application of Major Questions Doctrine Could Limit Regulatory Authority

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part one covering the future of Chevron deference here.) In this edition, our litigation team highlights recently decided or pending…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Nuclear Regulatory Commission, Section 404

See all updates »

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Hazardous Waste

See all updates »

New York Approves $3 Billion 2020 Conservation Bond Act

The New York State Legislature passed Governor Cuomo’s Restore Mother Nature Bond Act on April 1st as part of the state’s 2020-2021 budget. The Act, if approved by New York voters in November, will provide $3 billion for…more

Conservation, Critical Habitat, Environmental Policies, State and Local Government

See all updates »

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

See all updates »

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

See all updates »

Countries to Resume Negotiations on Global Plastics Pollution Treaty: Outlook for INC-4

Countries are preparing for a new round of negotiations on an ambitious legally binding international treaty to address plastics pollution across the entire life cycle of plastics per the UNEA 5.2 mandate in resolution 5/14. As…more

Environmental Policies, Plastics, Pollution Control, Recycling, Waste Management

See all updates »

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL) in…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Final Rules, Navigable Waters

See all updates »

EPA’s Plan to Implement Trump’s Proposed Budget Signals Massive Change

President Trump’s recent budget proposal and a more detailed U.S. Environmental Protection Agency (“EPA”) memo regarding its implementation portend a potentially seismic shift in federal environmental priorities and programs…more

Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Trump Administration

See all updates »

Biden Administration Initiates Ocean Justice Strategy

On June 8, 2023, the White House Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), announced the development of a new “Ocean Justice…more

Biden Administration, CEQ, Climate Action Plan, OSTP

See all updates »

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide and…more

Chemicals, Confidential Business Information (CBI), Disclosure Requirements, EU, European Court of Justice (ECJ)

See all updates »

EU Cracks Down on Environmental Claims (Updated)

Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The…more

Environmental Claims, EU, Greenhouse Gas Emissions, Marketing

See all updates »

New Jersey Adopts EPR for EV and Hybrid Car Batteries

Add electric and hybrid vehicle batteries to the growing list of products subject to extended producer responsibility (EPR) mandates. On January 8, 2024, New Jersey enacted the Electric and Hybrid Vehicle Battery Management Act…more

Automotive Industry, Batteries, Electric Vehicles, Manufacturers

See all updates »

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a…more

Air Pollution, Environmental Justice, MassDEP, Pollution Control

See all updates »

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental…more

CERCLA, Department of Justice (DOJ), Environmental Justice, Environmental Protection Agency (EPA), OECA

See all updates »

EPA Begins Accepting “Absence of an Ingredient” Claims for Some Pesticide Products

Background - Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA or the Agency) must approve all pesticide product label language through the registration…more

Chemicals, Environmental Protection Agency (EPA), FIFRA, Pesticides

See all updates »

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a…more

Air Pollution, Environmental Justice, MassDEP, Pollution Control

See all updates »

Court Rejects Umbrella Coverage for Oil Spill Cleanup Costs where Underlying Insurance Requirements were Not Satisfied

On May 6, 2020, a Montana federal court ruled that an insurer was not obligated to cover $1 million in cleanup costs incurred by an umbrella policyholder after spilling 238 barrels of crude oil and 1,200 barrels of production…more

Clean-Up Costs, Oil & Gas, Oil Spills

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Court Rejects EPA’s Narrow Interpretation of a Key RCRA Exemption, Undercutting a National Enforcement Initiative

On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected the…more

Administrative Law Judge (ALJ), Air Pollution, Corporate Counsel, Environmental Protection Agency (EPA), Hazardous Waste

See all updates »

OSHA Begins 2023 with an Emphasis on Enforcement

Through the first month of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for workplace health and safety violations…more

Citations, Employer Liability Issues, OSHA, Penalties, Safety Inspections

See all updates »

New York Extends Limitations Period for Emerging Contaminant Claims by Water Suppliers

On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h (amended…more

Contamination, Statute of Limitations, Water, Water Supplies

See all updates »

Prepare Now for Even More Aggressive EPA Enforcement

Companies should take note and be prepared to respond quickly to more—and more aggressive—EPA enforcement, on the heels of two new enforcement initiatives announced by David Uhlmann, the recently confirmed Assistant…more

Climate Change, Department of Justice (DOJ), Environmental Protection Agency (EPA), Greenhouse Gas Emissions, OECA

See all updates »

Maryland 2017 Environmental Legislative Agenda Set

March 6 marked the final day for the introduction of bills in the Maryland General Assembly without a rules suspension. Below are highlights of environmental or related public health bills under consideration in the Maryland…more

Flame Retardant, Fracking, General Assembly, Legislative Agendas, Solid Waste

See all updates »

India’s Central Consumer Protection Authority Proposes Guidelines to Regulate “Greenwashing"

On February 20, 2024, India’s Central Consumer Protection Authority (CCPA) proposed guidelines for the prevention and regulation of greenwashing (Greenwashing Guidelines). The guidelines would instruct service providers, product…more

Comment Period, Green Marketing, Greenwashing, Marketing, Public Comment

See all updates »

California Adopts New Workplace Violence Prevention Law

Governor Newsom has signed California's SB 553, which will require almost all employers to take certain steps to prevent workplace violence. Among other measures, SB 553 requires California employers to adopt comprehensive…more

Employer Liability Issues, State Labor Laws, Workplace Safety, Workplace Violence

See all updates »

OSHA Begins 2023 with an Emphasis on Enforcement

Through the first month of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for workplace health and safety violations…more

Citations, Employer Liability Issues, OSHA, Penalties, Safety Inspections

See all updates »

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

See all updates »

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

See all updates »

Marengi on Remand: Massachusetts Court Applies Bond Provision of the Zoning Act

In Marengi v. 6 Forest Road, LLC, No. 2177CV00933, the Massachusetts Superior Court, on remand, interpreted and applied the Supreme Judicial Court’s (SJC) holding concerning the bond provision of chapter 40A, § 17, which…more

Affordable Housing, Housing Developers, Remand

See all updates »

EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Across Three Massachusetts Watersheds

Key Takeaways - • What Is Happening? On September 14, 2022, the U.S. Environmental Protection Agency (EPA) Region 1 exercised its Clean Water Act (CWA) Residual Designation Authority to require National Pollutant Discharge…more

Clean Water Act, Climate Change, Environmental Justice, Environmental Protection Agency (EPA), NPDES

See all updates »

China Sets out a Regulatory Roadmap to Control New Chemicals

On May 24, 2022, China State Council issued an Action Plan on New Pollutants Governance (“Plan”) to set out a regulatory roadmap to control new chemicals and outline an enhanced enforcement framework for compliance. The Plan…more

Chemicals, China, Manufacturers, Pollution Control, Risk Assessment

See all updates »

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL) in…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

See all updates »

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

EPA Issues Enforcement Alert Targeting BWON and QQQ Noncompliance at Refineries and Chemical Manufacturers

The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene Waste…more

Chemicals, Clean Air Act, Environmental Protection Agency (EPA), Manufacturers

See all updates »

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

Washington Initiates Sustainable Aviation Fuel Rulemaking Under State’s Clean Fuel Standard Program

Proposed rulemaking will also add requirements for third-party verification and seek to harmonize Washington’s CFS program with low carbon fuel standard laws in California and Oregon..…more

Aviation Industry, Fuel Standards, Renewable Fuel, Sustainability

See all updates »

EPA Issues Enforcement Alert Targeting BWON and QQQ Noncompliance at Refineries and Chemical Manufacturers

The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene Waste…more

Chemicals, Clean Air Act, Environmental Protection Agency (EPA), Manufacturers

See all updates »

FWS Issues Streamlined General Permits for Incidental Take of Eagles

On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize incidental…more

Bald and Golden Eagle Protection Act, Energy Projects, Energy Sector, Incidental Take Permits, US Fish and Wildlife Service

See all updates »

2022 Wrap-Up on ESG Reporting

As 2022 comes to a close, mandatory Environmental, Social, Governance (ESG) reporting in the United States remains the subject of much debate and political scrutiny. The European Union (EU) and other jurisdictions are moving…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Reporting Requirements

See all updates »

Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty

Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New…more

Greenhouse Gas Emissions, Motion to Dismiss, Water

See all updates »

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

See all updates »

U.S. Supreme Court Declines to Expand the Reserved Water Right

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to water…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Lands

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid…more

CARB, Clean Air Act, Electric Vehicles, Power Grid, State and Local Government

See all updates »

DC Circuit Denies Petition Challenging Transfer-Based Exclusion under RCRA

In what could be the last in the over 30-year line of cases in the District of Columbia Circuit interpreting the Resource Conservation and Recovery Act (RCRA) regulatory definition of solid waste, on July 2, 2019, the D.C…more

Article III, Environmental Protection Agency (EPA), RCRA, Standing, Stare Decisis

See all updates »

Unlocking Electricity Decarbonization? FERC Adopts Transmission Interconnection Reforms

On July 23, 2023, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2023, a “landmark” order, which aims to significantly improve the interconnection of new generation and energy storage projects to the nation’s…more

Electricity, Energy Sector, FERC, Interconnections, Transmission Grid

See all updates »

Ethylene Oxide Update: Second Risk Review Process Resolves EPA-OIG Conflict; EPA Advances Sterilizer Agenda

The U.S. Environmental Protection Agency’s (EPA) commitment to its controversial Integrated Risk Information System (IRIS) value for Ethylene Oxide (EO) remains unwavering as two recent developments reflect. The first is EPA’s…more

Chemicals, Environmental Protection Agency (EPA), OIG

See all updates »

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific…more

Environmental Assessments, Environmental Protection Agency (EPA), IRIS, Toxic Chemicals, Toxic Exposure

See all updates »

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

See all updates »

Effective Immediately: Agencies Mirror Sackett Restrictions For WOTUS

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the Agencies) issued a straight-to-final-rule revised definition of “waters of the United States” (WOTUS) on August 29, 2023. This…more

Clean Water Act, Environmental Protection Agency (EPA), Sackett v EPA, SCOTUS, US Army Corps of Engineers

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

New Plastics Bill Would Place a Moratorium on All Permits for New Plastics Facilities Until Massive Slate of New Environmental Regulations Adopted

The Protecting Communities from Plastics Act (S. 5163/H.R. 9388), introduced late last week by Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Plastics

See all updates »

FTC Invites Comments on “Green Guides” Refresh

Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a…more

Advertising, Environmental Claims, Federal Trade Commission (FTC), Green Guides, Marketing

See all updates »

D.C. Circuit Stays Litigation over EPA Rescission of California Waiver to Regulate Vehicle Emissions

On February 8, 2021, the D.C. Circuit issued an order granting the Biden administration’s motion to stay litigation over Part 1 of the Trump-era Safer Affordable Fuel Efficient Vehicles (SAFE) Rule. The order was issued in Union…more

Biden Administration, Carbon Emissions, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Zero-Emission Vehicles

See all updates »

Climate Change, Environmental Justice, and Process Safety: EPA Proposes Risk Management Program Rule Amendments (Updated)

The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would add…more

Clean Air Act, Climate Change, Comment Period, Environmental Protection Agency (EPA), Proposed Rules

See all updates »

Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the…more

Department of Ecology, Groundwater, Water, Water Rights

See all updates »

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a…more

Air Pollution, Environmental Justice, MassDEP, Pollution Control

See all updates »

EPA Begins Accepting “Absence of an Ingredient” Claims for Some Pesticide Products

Background - Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA or the Agency) must approve all pesticide product label language through the registration…more

Chemicals, Environmental Protection Agency (EPA), FIFRA, Pesticides

See all updates »

U.S. Department of Interior Proposes New Conservation Framework

In April 2023, the Bureau of Land Management (BLM) published a proposed rule that would apply new “land health” standards to all BLM-managed public lands and programs. This new policy will have broad implications for federal…more

Bureau of Land Management, Department of the Interior, Federal Land, FLPMA

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EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

See all updates »

Demand Heats Up for Biochar Carbon Projects

A recent report indicates that the global biochar market is expected to nearly triple from its current value of $160 million to over $450 million by 2030. Biochar is a soil amendment used to increase crop yield and health for…more

Agricultural Sector, Biomass, Greenhouse Gas Emissions

See all updates »

BOEM Proposes to Streamline Offshore Wind Projects

The Bureau of Ocean Energy Management (BOEM) recently released for public comment a notice of proposed rulemaking (NPRM) that would, if adopted, comprehensively update its Outer Continental Shelf (OCS) renewable energy…more

BOEM, Energy Projects, Offshore Wind, Renewable Energy, Wind Power

See all updates »

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific…more

Environmental Assessments, Environmental Protection Agency (EPA), IRIS, Toxic Chemicals, Toxic Exposure

See all updates »

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

See all updates »

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed…more

Clean Water Act, Environmental Protection Agency (EPA), NPDES, Pollution Control, Water Pollution

See all updates »

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant Commerce…more

Commerce Clause, Constitutional Challenges, Dormant Commerce Clause, Farm Animals, Interstate Commerce

See all updates »

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL) in…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

EPA Proposes Oil and Gas Sector Methane Fee

Key Takeaways - • What Is Happening? On January 12, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to implement the Inflation Reduction Act’s (IRA) Methane Waste Emissions Charge (WEC). The…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, Natural Gas, Oil & Gas

See all updates »

EPA Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Final Rules, Navigable Waters

See all updates »

EPA Formally Reinstates All Chlorpyrifos Tolerances but Signals It Will Revoke Most of Them in the Future

The U.S. Environmental Protection Agency (EPA) officially reinstated all tolerances for chlorpyrifos on February 5, 2024, undoing a prior rule that had halted chlorpyrifos use on all food and feed commodities in early 2022…more

Agricultural Sector, Chemicals, Crops, Environmental Protection Agency (EPA), FIFRA

See all updates »

EU Cracks Down on Environmental Claims (Updated)

Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The…more

Environmental Claims, EU, Greenhouse Gas Emissions, Marketing

See all updates »

Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid…more

CARB, Clean Air Act, Electric Vehicles, Power Grid, State and Local Government

See all updates »

It’s Not Your Imagination: It’s Getting Even Harder to Permit Your Project In Texas

Companies seeking air quality permits or permit amendments for construction of new projects under the Texas Clean Air Act’s New Source Review (NSR) program should note recent court decisions at federal, state, and administrative…more

Administrative Law Judge (ALJ), Air Quality Standards, Clean Air Act, Texas

See all updates »

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to the…more

CERCLA, Chapter 11, Commercial Bankruptcy, Contamination, Hazardous Waste

See all updates »

Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the…more

Department of Ecology, Groundwater, Water, Water Rights

See all updates »

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

See all updates »

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect…more

Contaminated Properties, Hazardous Substances, MTCA, Property Owners, Remedial Actions

See all updates »

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Hazardous Waste

See all updates »

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS)…more

Chemicals, Department of Environmental Protection, Hazardous Substances, PFAS, State and Local Government

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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