California Climate Corporate Data Accountability Act: Pushing ESG Disclosure Boundaries

As the legal landscape around environmental concerns continues to evolve, California is poised to establish some of the most stringent Environmental, Social, and Governance (ESG) disclosure requirements in the United States, even overtaking the current proposed rules by the U.S. Securities and Exchange Commission (SEC). This comes with the introduction and subsequent amendment of the…

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Navigating the Legal Landscape: PFAS-Related Lawsuits and Implications for Consumer Product Industries

The rise in claims regarding per- and polyfluoroalkyl substances (PFAS) has caught the attention of many legal professionals, especially those engaged in the consumer products sector and related industries. Manufacturers, distributors, and retailers are amongst those being targeted by these lawsuits, increasing the necessity to comprehend the nature and types of these PFAS claims. Recent…

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OECD Advances Environmental Risk Assessment of Transgenic Plants with New Consensus Document

In recent news, the Organisation for Economic Cooperation and Development (OECD) publicized a fresh addition to its Series on Harmonization of Regulatory Oversight in Biotechnology, titled Safety Assessment of Transgenic Organisms in the Environment, Volume 10: OECD Consensus Document on Environmental Considerations for the Release of Transgenic Plants, on July 27, 2023. According to JD…

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Court Dismisses NGO Effort to Rescind Oil Project Approval, Signaling Climate Impact Challenges

The Federal Court has recently delivered a verdict dismissing an effort by non-governmental organizations (NGOs) to rescind ministerial approval of a notable offshore oil and gas project. The NGOs claimed that the approving minister did not consider downstream emissions and marine shipping hazards in the approval process. This highlighted case suggests NGOs’ increasing utilization of…

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Navigating the EU-US Impasse: Environmental Concerns and Global Trade in Steel and Aluminum Industries

As many legal professionals closely monitor ongoing international trade disputes, one pressing issue continues to dominate legal and political headlines. The European Union (EU) and the United States (US) remain at odds on policy approaches regarding the steel and aluminum industry due to disagreements anchored in Environmental, Social, and Governance (ESG) concerns, more particularly the…

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Arkansas DEQ and City of Joiner Reach Agreement on Alleged NPDES Permit Violations

The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the City of Joiner, Arkansas have entered into a Consent Administrative Order (CAO) regarding alleged violations of the National Pollutant Discharge Elimination System (NPDES) permit, under the provisions of the Clean Water Act. This information was revealed on May 25th, as…

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NACAA Submits Comments on Proposed National Emission Standards for Coal and Oil-Fired Electric Utility Steam Generating Units

The National Association of Clean Air Agencies (“NACAA”) has recently submitted comments to the United States Environmental Protection Agency (“EPA”), regarding the Proposed National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review. The docket was addressed on June 22nd….

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Canada’s Chemical Risk Assessment: Government Requests Data on 850 Substances for Environmental Protection

Canada has taken a significant step towards mitigating environmental risks associated with certain chemical substances. As reported by JDSupra, the Canadian government announced through a notice in the Canada Gazette on June 24, 2023, that it’s requesting information about approximately 850 different chemical substances. This information is being gathered with the primary objectives of prioritisation,…

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Uhlmann’s Appointment Signals Renewed Focus on Environmental Justice Enforcement

On July 20, 2023, the U.S. Senate confirmed the appointment of David Uhlmann as the new Assistant Administrator of the Environmental Protection Agency’s (“EPA”) Enforcement and Compliance Division. The confirmation marks an interesting development in environmental justice enforcement efforts in the United States. Uhlmann brings a wealth of experience to his new role. Notably, his…

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Employment Law and ESG Convergence: Lessons from the Activision Blizzard Case

Change is afoot in the corporate world, as companies increasingly leverage Environmental, Social, and Governance (ESG) principles for risk management and value creation. These principles shape business priorities and inform financial goals, promoting long-term enterprise sustainability. Corporate leaders imbued with an ESG-focused mindset can help businesses recognize risks and opportunities, supporting the integration and maintenance…

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Navigating Legal and Regulatory Challenges in Pursuit of Hydrogen’s Carbon-Neutral Promise

Securing a carbon-neutral future is an enormous venture, demanding drastic alterations across the global energy system. As an adaptable, robust energy carrier, hydrogen is projected to play an essential part. Yet realizing this potential is no simple task. It will critically lean on the capacity to visualize innovative low-carbon hydrogen projects, garner financing for them,…

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9th Circuit Court Upholds EPA’s Authority to Include Narrative Prohibitions in NPDES Permits

In recent legal events, the 9th Circuit Court of Appeals has confirmed the authority of the Environmental Protection Agency (EPA) to include narrative prohibitions in National Pollutant Discharge Elimination System (NPDES) permits. This ruling was made following a dispute put forward by the city of San Francisco, who disputed the EPA’s jurisdiction to impose narrative…

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