Commercial entities and law firms with a stake in environmental regulations should pay close attention to ongoing legislative developments. The first half of 2023 has seen numerous states in the United States continue to build out a regulatory structure around carbon sequestration, largely motivated by the desire to attract and support industries engaged in carbon…
In a significant display of public will, Swiss citizens have voted in favor of a new climate law aimed at achieving carbon neutrality by 2050. The legislation, known as the Federal Act on Climate Protection Targets, Innovation and Strengthening Energy Security or the Climate and Innovation Act, was passed on June 18, 2023. The Climate…
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…
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…
In a recent webinar series focused on State Attorneys General (AGs), the spotlight moved west past the Great Plains to the Rocky Mountains in Colorado. Insights into consumer protection and legal practices came from Colorado’s Attorney General Phil Weiser and Deputy AG for Consumer Protection, Nathan Blake. The dialogues spanned various topics such as office…
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…
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…
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…
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….
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,…
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…
The weekly legal digest, ‘The morning read for Thursday, August 3’, presents an assortment of articles, commentary, and additional noteworthy links that pertain to the U.S Supreme Court. Brought to you by SCOTUSblog, the acclaimed online resource dedicated to reporting on the Supreme Court of the United States and its cases, this roundup provides a…
In a recent development, the Environment and Land Court in Kenya issued interim orders against a policy directive revived by President William Ruto in July which aimed to end a moratorium on logging. The directive was put under scrutiny, pending the hearing and outcome of a case filed by the Law Society of Kenya (LSK)….
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…
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,…
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…