Navigating the Storm: Surprising Trends and Looming Crisis in FCPA Enforcement

Navigate your way through the tempestuous conditions of enforcement in Foreign Corrupt Practices Act (FCPA). Despite having nearly half a century’s worth of experience, compliance officers are still grappling with the challenges presented by this legislation. Originally enacted in the wake of the infamous Watergate scandal in 1977, the FCPA was designed to create a…

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Upcoming Deadlines for Water Agencies Joining PFAS Multi-District Litigation

Water agencies that are considering participating in the multi-district per- and polyfluoroalkyl substances (PFAS) litigation against chemical giants like DuPont, Chemours, Corteva, and 3M should mark their calendars with the upcoming deadlines related to this case. All these parties are alleged to have manufactured various PFAS chemicals. Public and private water agencies, sewage treatment plants,…

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EPA Pushes for PFAS Monitoring in Discharge Permits to Protect Water Resources and Public Health

The United States Environmental Protection Agency (EPA) has expressed encouragement for the monitoring of PFAS (Per- and Polyfluoroalkyl Substances) to be included in discharge permits. The initiative, undertaken in August 2023, directed towards enhancing the protection of water bodies from industrial pollution, was introduced through a best management factsheet titled “Pollution Prevention Strategies for Industrial…

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Saskatchewan Court Affirms Redwater Ruling’s Impact on Cross-Jurisdictional Corporate Bankruptcy Laws

In a notable development in Canadian law, the Saskatchewan Court of Appeal has recently given an affirmative to the applicability of the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater]. This landmark ruling has been recognized and ratified in Saskatchewan, asserting its authority and relevance outside…

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EPA Withdraws Cybersecurity Regulations for Public Water Systems Amid Legal Battle

The U.S. Environmental Protection Agency (EPA) has made a decisive move, officially withdrawing its proposed cybersecurity regulations which necessitated states to report any cyber threats to their public water systems (PWS). The rules, introduced in March, were intended to bolster security in regards to water availability and purity, considering the escalating number of cyber-attacks we’ve…

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California’s Sites Reservoir Plan: A Milestone for Environmental Law and Water Storage Policies

A substantial development in the domain of California’s environmental laws and policies took place recently, garnering considerable attention from stakeholders. The spotlight centered around California’s water storage capacity, which achieved a significant milestone with the finalization of plans for the Sites Reservoir in Northern California. This news is particularly important to the legal professionals in…

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Digital Platform TRACT: Pioneering Sustainability Metrics in Global Agriculture

Eversheds Sutherland, an international law firm, recently advised four global food and agriculture companies – Archer Daniels Midland Company (ADM), Cargill, Louis Dreyfus Company, and Olam- on the establishment of a unique joint venture. The primary objective of this venture was to develop a digital platform designed to monitor and standardize sustainability metrics called TRACT….

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Navigating Australia’s Bankruptcy, Insolvency, and Rehabilitation Legal Landscape Amid Global Economic Uncertainty

Across the globe, the economic uncertainty created by the ongoing pandemic has necessitated a detailed understanding of the legal terrain around bankruptcy, insolvency and rehabilitation; nowhere is this more evident than in Australia. A comprehensive report recently published by the International Lawyers Network provides fundamental insights into these areas. The guide, aimed at offering an…

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New Speaker Johnson’s Swift Actions Shape Future of Energy and Sustainability Legislation

The Washington energy and sustainability scene has experienced a significant shakeup in recent times, as evidenced by the recent developments coming out of Capitol Hill. The House of Representatives saw the historic ousting of Speaker Kevin McCarthy (R-CA) on October 3, leading to over three weeks without the key figurehead for the House’s legislative dealings….

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EPA and Downington Water Authority Reach Expedited Settlement on Clean Air Act Violations

The United States Environmental Protection Agency (EPA) and the Downington Regional Water Authority (DRWA), located in Pennsylvania, have recently entered into what is termed an Expedited Settlement Agreement (ESA). The settlement addresses alleged violations by DRWA of Section 112(r) of the Clean Air Act. Details about the severity or the specific nature of these alleged…

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Tightening Standards: Ecolab Inc. v. Dubois Chemicals Ruling Highlights Scrutiny on Patent Damages Calculations

In a recent turn of events, opposing patent damages experts faced rough waters in the Ecolab Inc. v. Dubois Chemicals, Inc. case. Judge Andrews of Delaware District Court granted Daubert motions challenging the credibility of the experts and their respective calculations of reasonable royalty opinions. This occurrence underlines the necessity for careful crafting of patent…

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Mississippi Commission on Environmental Quality Targets Stormwater Permit Violations in Subdivision Development

In a recent development, the Mississippi Commission on Environmental Quality and D.R. Horton, Inc., a notable subdivision developer operating in George County, Mississippi, signed an Agreed Order (AO) on September 20th. This order addresses an alleged violation of regulations concerning stormwater permitting, as stipulated by the Mississippi Code. The specifics of the AO, which is…

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Sackett v. EPA: Analyzing Implications for Wetlands and Streams under Clean Water Act

Legal observers and environmental professionals are increasingly focusing their attention on the implications of the case, Sackett v. U.S. Environmental Protection Agency (EPA), especially in regards to Clean Water Act protections for wetlands and streams. On October 18th, the case was the subject of a hearing, spearheaded by the US Senate Committee on Environment &…

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Russia Withdraws from Comprehensive Nuclear Test Ban Treaty, Sparking Global Concern

Russian President, Vladimir Putin recently signed a bill that officially removes Russia as a signatory of the global nuclear test ban. The move entailed the withdrawal from the Comprehensive Nuclear Test Ban Treaty (CTBT), an international treaty that prohibits nuclear explosions either on the Earth’s surface, in the atmosphere, underwater, or underground. The decision has…

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US Shrimp Processors Target Ecuador and Indonesia with Antidumping and Countervailing Duty Petitions

On October 25, 2023, the American Shrimp Processors Association (hereinafter referred to as “the Petitioners”) lodged an antidumping duty petition concerning imports of frozen warmwater shrimp from Ecuador and Indonesia, alongside a countervailing duty petition against the same product from Ecuador, India, Indonesia, and Vietnam. This information was disclosed by White & Case LLP. The…

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EPA’s Withdrawal of Cybersecurity Memorandum Spurs Legal Debate on Environmental Protection

In a recent announcement, the United States Environmental Protection Agency (“EPA”) has issued a memorandum titled “Withdrawal of Cybersecurity Memorandum of March 3, 2023” (“Withdrawal Memorandum”). The memorandum can be attributed to Radhika Fox, the EPA Assistant Administrator for Water, and was dispatched to the State Drinking Water Administrators along with Water Division Directions. It…

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APSA Files Antidumping and Countervailing Petitions to Protect Domestic Shrimp Industry

On October 25, 2023, the American Shrimp Processors Association (APSA) progressed their commitment to protecting the American industry by filing antidumping duty (AD) petitions on frozen warmwater shrimp from a number of import-heavy countries. Specifically, Ecuador and Indonesia have been subjected to these claims. The value of domestic shrimp is a focal concern of the…

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Oregon ACI Emission Testing Project Results Set to Impact Environmental Legislation and Practices

The State of Oregon has recently conducted an air curtain incinerator (ACI) emission testing project with results released on October 24th by the Oregon Department of Environmental Quality (ODEQ). The project, carried out in Spring 2023, was an important undertaking to explore the impact and implications of ACI emissions to support future legislation for environmental…

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English High Court Upholds Foreign Judgments Deemed Unenforceable in Origin Jurisdictions

In an interesting development in English common law, the High Court of England and Wales has taken a stance on the enforcement of foreign judgments previously deemed unenforceable in their origin jurisdictions because of domestic procedural limitations. This ruling stems from the case of Invest Bank PSC v. Ahmad Mohammed El-Husseini and others [2023] EWHC…

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Wastewater Treatment Industry’s Key Role in Addressing Looming Phosphogeddon

The ongoing depletion of naturally occurring phosphorus, colloquially termed the “Phosphogeddon,” has been raising serious concerns among environmentalists. It has even been argued that its significance might soon rank close with that of climate change by certain quarters. The need to counteract this ‘Phosphogeddon’ collectively presents an unprecedented opportunity for the wastewater treatment and solids…

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Navigating the Complexities of International Product Recalls: A Guide for Manufacturers

With the continuous globalization of product markets, opportunities for expansion and growth for product manufacturers abound. The integration of new technologies enables companies to reach beyond traditional borders, introducing their products to consumers all around the globe. This rapid and widespread geographical expansion is becoming the norm, setting a new standard in today’s market. However,…

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