California’s Governor Gavin Newsom brought Senate Bill 389 (SB 389) into law on October 8, 2023, introducing sweeping revisions to § 1051 of the Water Code. The significant legislation marks considerable expansion of the investigative authority vested in the State Water Resources Control Board, referred to as the “Water Board”. The SB 389 bill was…
The U.S. Environmental Protection Agency (EPA) has expanded conditions for 401 Water Quality Certifications, an important provision of the Clean Water Act (CWA). This certification constitutes a significant requirement for all direct discharge permits and CWA section 404 permits to dredge or fill waters of the United States. The certification is particularly relevant to most…
In a recent development in the UK legal landscape, a resolution to the protracted dispute between the Tate Modern Gallery and its neighbours – the owners of residential flats in Neo Bankside – has finally been reached. The parties involved managed to strike an agreeable compromise, exemplifying the enduring British spirit of good, neighbourly conduct….
In a significant legal twist, the definition of “Waters of the United States” or WOTUS, which establishes the geographic range of federal jurisdiction under the Clean Water Act, is now facing increasing debate. Developers and environmental groups have spent decades arguing the scope of the Clean Water Act, with the geographical sphere of federal influence…
In a response to growing regulatory focus on “forever chemicals”, the U.S. Environmental Protection Agency (EPA) has published a rule that puts new pressure on manufacturers of perfluoroalkyl and polyfluoroalkyl substances (PFAS). The rule (40 CFR Part 705) demands these entities to make extensive disclosures on their PFAS activities since 2011, including manufacturing, production, and…
In an era where corporate responsibility and sustainable business models are scrutinized with an increasing magnifying glass, the newly released International Sustainability Standards Board’s (ISSB) first two reporting standards on Environmental, Social, and Governance (ESG) are pivotal tools for establishing harmonization amidst a cacophony of approximately 600 unique standards worldwide. As noted on JD Supra,…
In a recent legal development, C.I.C. Arms, Inc. (“CIC”) filed a Complaint to the Desha County, Arkansas, Circuit Court against the City of McGehee and the McGehee Water and Sewer System (MWSS) on the 11th of October. The lawsuit challenges the current rates charged for water usage, which CIC alleges to be unfairly calculated. The…
The Toxic Substances Control Act (TSCA) proposed an expansive reporting requirement in 2021 that could have significant implications for a wide array of manufacturers and importers of products containing per- and polyfluoroalkyl substances (PFAS). The new Part 705 of the TSCA regulation commonly referred to as the TSCA PFAS Reporting Rule aims to impose a…
The recently proposed energy efficiency standards by the U.S. Department of Energy (DOE) have met with formidable opposition from various Republicans who claim that the standards will lead to significant challenges. As reported by Jdsupra, a group of 21 Republican Attorneys General (AGs) authored and publicized a critique of the proposed standards for the Energy…
The U.S. Environmental Protection Agency (EPA) recently published a widely anticipated PFAS reporting rule that is expected to pose significant challenges to companies producing products containing these chemicals. Commonly referred to as “forever chemicals”, per- and polyfluoroalkyl substances (PFAS) were on the fringe of regulatory radar merely a decade ago. Today, they indeed seem to…
In a recent court case, the world-renowned whiskey company, Jack Daniels, faced off against Bad Spaniels, a pet toy manufacturer. The tongue-in-cheek name of the consumer product might seem humorous to the layperson, but it serves as the source of controversy in the litigation. The dispute highlights the tension between First Amendment protections and trademark…
The legal community has cause to celebrate as the United States Patent and Trademark Office (USPTO) has recently achieved a significant milestone. On September 26, 2023, the USPTO issued its millionth design patent, representing a significant moment for intellectual property law. This event highlights the growing importance of design patents in protecting innovative designs and…
In a recent concerning development, the U.S. Environmental Protection Agency (EPA) has taken steps to ‘delete’ a critical cybersecurity initiative focused on safe drinking water. Based on the limited available information, the decision by the EPA seems to be quite sudden and unexpected. Understanding the history of the Safe Water Drinking Act (SWDA) of 1974…
On October 10, the Securities and Exchange Commission (SEC) established, by an apropos bipartisan 4-1 margin, the final rules to alter and update the regulations overseeing beneficial ownership reporting under Sections 13D and 13G of the Securities Exchange Act of 1934, which is often amended (the Exchange Act). Details can be found here. The final…
The recently concluded California 2023 Legislative Session, which ended on September 14, 2023, notably resulted in a number of significant modifications to the state’s water-related statutes. These legislative adjustments, now in the hands of the Governor, were to be signed into law by October 14, 2023, as per the established timelines. This development points to…
Legal professionals dealing with international litigation, particularly those involving the United States and Mexico, should be well-acquainted with the issues of jurisdiction and choice of forum. Recently, an expert discussion on these precise topics was held in a webinar, featuring two seasoned legal experts: Evan Nadel, a partner at Kilpatrick Townsend, and Juan Luis Blanco…
Significant changes to the Massachusetts estate tax landscape came into effect on October 4, 2023 as Governor Maura Healey signed a tax relief package into law. This decision has important implications for legal professionals employed in the region’s business sector. Prior to the enactment of this new law, the Massachusetts estate tax exemption stood at…
In a significant development in Arizona water management, the San Pedro Alliance (“Alliance”) recently delivered a petition addressed to the Arizona Department of Water Resources (“ADWR”). Submitted on September 20th, the document requests that the Upper San Pedro Basin be labeled an Active Management Area under Title 45, Section 412 of the 1980 Groundwater Management…
On October 11, 2023, the United States Environmental Protection Agency (EPA) published the final rule under the Toxic Substances Control Act (TSCA), significantly impacting manufacturers of per- and poly-fluoroalkyl substances (PFAS). This presents a new facet of regulatory oversight for producers, contributing to a potentially daunting reporting landscape. PFAS, which are synthetic chemicals, hold a…
Among the most recent legal developments is the introduction of the new Civil Transactions Law, or more broadly referred to as the “KSA Civil Code,” in the Kingdom of Saudi Arabia. This intricate piece of legislation features several key provisions that are particularly pertinent to the formation of contracts. To deliver a thorough understanding of…
According to a statement issued by the Israeli Prime Minister’s office on Wednesday, Israel will permit crucial humanitarian aid consisting of food, water and medicine, originating from Egypt, for the civilians based in the Gaza Strip. Any attempts to transport these supplies to Hamas, however, will be halted. This decision comes in the wake of…
In a recent episode of the Consumer Finance Podcast, Troutman Pepper Partners Chris Willis, Mary Zinsner, and Dave Gettings dive deep into a discussion on cultivating strategies for defending financial institutions in litigation involving elder financial exploitation cases. The conversation was geared towards bringing to light the escalating incidence of elder abuse and financial exploitation…
The US Department of Justice’s new guidance on the use and control of personal devices and third-party messaging applications by corporate staff has recently been the subject of much legal debate. In view of the increasing prevalence of mobile devices and messaging platforms for doing corporate business, the robust document outlines issues and potential challenges…
The Consumer Product Safety Commission (CPSC) on September 20, 2023, issued a Federal Register Notice and Request for Information, signaling its regulatory interest in per- and polyfluoroalkyl substances (PFAS) presence and use in its jurisdiction’s “consumer products”. This move suggests CPSC’s intention to join its counterparts – the Environmental Protection Agency, U.S. Food and Drug…
In the realm of environmental law, one controversy has managed to persist for more than four decades – the jurisdictional scope of the Federal Clean Water Act. However, recent developments signal that there may finally be some resolution on the horizon. Sam Hess, a correspondent for Inside EPA, has reported that Democrats in the House…