On August 18, the United States District Court for the District of Arizona addressed a challenging case connected with the Endangered Species Act (“ESA”) and Clean Water Act. The case involves an alleged violation by the United States Environmental Protection Agency (“EPA”) of the ESA. The Court’s decision may set vital precedents for future dealings…
In a recent development, the U.S. Environmental Protection Agency (EPA) has released its first-round Per- and Polyfluoroalkyl Substances (PFAS) sampling data under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This news comes shortly after the recent compilation of the agency’s latest list of unregulated elements subject to surveillance by public water systems (PWSs) on…
The United Nations (UN) Committee on the Rights of the Child recently published authoritative guidance concerning children’s rights with respect to the environment amidst growing concerns of climate change. The guidance entreats member states to promptly implement intervention measures that address the negative impacts of environmental degradation and protect children’s right to a clean and…
The ongoing legal dispute over toxic waters at Camp Lejeune, North Carolina, has entered a significant stage as lawyers for the Justice Department and potential victims present conflicting proposals to manage the escalating number of lawsuits. The cases emanate from the allegations of over 93,000 former camp workers, veterans, and their relatives who contend that…
Legal professionals and industry insiders worldwide are taking note of a recent climate ruling from Montana that may provide a precedent for ‘green amendments’ in state constitutions. Montana youth activists claimed the first-ever victory in a US climate case to make it to trial, largely due to the environmental provisions entrenched in the state’s constitution….
The U.S. Securities and Exchange Commission (SEC) under Chair Gary Gensler is issuing regulations at a notably relaxed pace for a new presidential administration, representing its slowest pace in decades. This trend carries the risk of leaving climate disclosure rules, alongside other prioritised ESG reporting items, incomplete.Bloomberg Law reports that Gensler’s SEC has only adopted…
In an unfolding development, the Australian Competition and Consumer Commission (ACCC) has released its highly anticipated guidance on the formulation of environmental and sustainability claims as reported by law firm K&L Gates. Highlighting an increased focus on ESG (Environmental, Social and Governance) policies in Australia, the guidance seeks to establish a framework for businesses to…
In a significant recent legal development, the Department of Environment, Great Lakes, and Energy (EGLE) in Michigan suffered a setback when a divided panel of the Michigan Court of Appeals held that they violated the Administrative Procedure Act (APA) by promulgating a novel rule which set drinking water standards for seven PFAS1 compounds. The ruling…
The rapidly evolving world of ESG (Environmental, Social, Governance) regulation in Asia is garnering attention globally, due to its significant implications for corporations and law firms alike. A recent update on the issue has been published by lawyers from Latham & Watkins LLP. A growing trend across the world, ESG focuses on three key domains…
In a recent episode of the “Eyes on Washington” podcast series by Holland & Knight’s Public Policy & Regulation Group, a group of legal experts has turned the spotlight on the burgeoning carbon markets and its regulatory landscape. The podcast, which features attorneys Halley Townsend, Andy Kriha, and Alex Holtan of the firm’s Greenwashing Mitigation…
On July 31, 2023, the European Commission adopted the first set of European Sustainability Reporting Standards (ESRS), which are set to mandate the reporting of sustainability information by European companies, as well as non-EU companies with an EU presence, such as those listed in an EU member state or harboring an EU branch, parent, or…
In the midst of disastrous Hawaiian wildfires, top financial agencies have issued a critical interagency statement outlining the supervisory practices for financial institutions in the affected area. The Federal Reserve Board, the FDIC, the Hawaii Department of Commerce and Consumer Affairs’ Division of Financial Institutions, the NCUA, and the OCC joined forces on this declaration…
In a bid to keep a tab on environmental policy and to ensure stringent implementation, the U.S. Environmental Protection Agency (EPA) recently announced its National Enforcement and Compliance Initiatives for 2024-2027. The initiative list includes first-time endeavors to tackle exposure to chemicals classified as per- and polyfluoroalkyl substances (PFAS). This key piece of information was…
ENOUGH, an alternative-protein foodtech startup, has revealed that it has secured 40 million Euros in its latest Series C funding round. With an increasing global focus on sustainability and the urgent need to reduce our environmental footprint, more attention is being directed towards alternative forms of proteins. The financing news was reported by global leading…
The U.S. Environmental Protection Agency (EPA) disclosed its preliminary findings from the fifth Unregulated Contaminant Monitoring Rule (UCMR) under Section 1445(a)(2) of the Safe Drinking Water Act (SDWA) on August 17, 2023. An important mechanism under SDWA, UCMR paves the way for the EPA to gather data pertaining to public water systems’ impacts from “emerging…
In an important development regarding the ongoing cleanup efforts at the Mississippi Phosphates Corporation Superfund Site in Pascagoula, Mississippi, a proposed settlement has been announced. According to a recent article published on JD Supra, the United States Environmental Protection Agency (EPA) has shared a Federal Register Notice for a possible settlement agreement tied to the…
The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) has signalled an intention to bolster safety standards on natural gas distribution pipelines across the nation. Announcing the publication of a notice of proposed rulemaking, PHMSA aims to drive forward amendments to emergency response strategies, integrity management programs, and operation manuals to…
The U.S. Environmental Protection Agency (EPA) plans to host a virtual training session that serves as important news for legal professionals with a focus on environmental regulation. The training will center on the agency’s high throughput toxicokinetic (HTTK) R package. Additionally, it will unfold over two days as part of its New Approach Methods (NAM)…
In a noteworthy personnel shift, leading law firm Slaughter and May announced the hiring of a Human Rights Lead from Vodafone. The yet-to-be-named appointee is expected to play a critical advisory role in implementing human rights and Environmental, Social, and Governance (ESG) programmes for clients. Regrettably, full details regarding the identity of the hire or…
The Agricultural Labeling Uniformity Act, implemented in Congress in June, continues to face stiff opposition from various health, environmental, and consumer protection entities for its potential impact on extant lawsuits. These suits are primarily linked to victims alleging harm from ingredients contained in products such as Roundup. The Center for Biological Diversity, a strong opponent…
Legal challenges are emerging in response to the actions of states like Missouri and Kentucky, where attempts are being made to restrict companies from rooting their investment decisions in environmental, social, or governance (ESG) considerations. Both states have found themselves in the midst of lawsuits that argue these actions not only contravene federal law, but…
Coplex and intricate as ever, the U.S. environmental law is throwing yet another curveball in its statute, pushing legal professionals onto their toes. Over recent years, anyone exhausting the labyrinth of environmental law likely faced a case demanding a plunge into the mysterious well that is the Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA)…
The need for stronger action on environmental justice (EJ) is a key priority for the Biden Administration’s regulatory agenda, yet several profound questions persist. As the seasons transition into fall, the regulated community is grappling with certain critical issues, preventing the seamless implementation of EJ across sectors. Here are three aspects worth observing and considering….
Amendments to key environmental regulations are on the horizon as the U.S. Environmental Protection Agency (EPA) recently released an advance notice of proposed rulemaking with a distinct emphasis on amending the way “empty” containers and drums are managed under the Resource Conservation and Recovery Act (RCRA). The step taken by the EPA indicates the urgent…
On August 10, 2023, Canada published a draft regulation on clean electricity, an integral part of its strategy to achieve net zero greenhouse gas emissions across all sectors of the economy by 2050. As reported by Blake, Cassels & Graydon LLP, the Clean Electricity Regulation establishes stringent performance standards for emissions intensity for electricity produced…