Among the 37 executive orders signed by President Trump in his first week in office, there are several that address the regulation of energy and the environment. While it may be too soon to know the lasting effect of these...more
New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more
12/11/2024
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hague Convention ,
Infrastructure ,
Pollution Control ,
Shell Oil
On September 23, 2024, the U.S. Environmental Protection Agency ("EPA") announced a final rule under the American Innovation and Manufacturing Act of 2020 ("AIM Act") establishing a new program overseeing hydrofluorocarbons...more
In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more
11/18/2024
/ Air Pollution ,
Air Quality Standards ,
Audubon Society ,
Aviation Industry ,
CEQ ,
Department of Environmental Quality ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Lack of Authority ,
NEPA ,
Regulatory Authority
REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
The U.S. Internal Revenue Service ("IRS") has released proposed regulations regarding the Clean Hydrogen Production Tax Credit introduced in the Inflation Reduction Act of 2022 ("IRA"). The proposed regulations provide more...more
9/19/2024
/ Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Production Tax Credit ,
Proposed Regulation ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more
9/18/2024
/ Biden Administration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Reporting Requirements ,
Statutory Deadlines ,
Strategic Planning ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") filed a complaint for civil penalties against USA Wholesale, Inc. for the illegal import of hydrofluorocarbons ("HFCs"). HFCs are greenhouse gases used...more
On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more
12/4/2023
/ CERCLA ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
OECA ,
Pollution Control ,
RCRA ,
Renewable Fuel ,
Renewable Fuel Standard
In Short -
The Situation: The California legislature passed landmark climate bills that surpass emissions disclosure requirements of any other existing state law. The bills are branded as the nation's first comprehensive...more
9/28/2023
/ California ,
CARB ,
Climate Action Plan ,
Climate Change ,
Disclosure Requirements ,
Doing Business ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Sustainability
The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or substantially the same prior art or...more
In Short -
The Situation: In the last month, two courts in the Ninth Circuit allowed human rights focused cases to proceed beyond the pleading stage. These cases seek to impose liability on U.S.-based companies for alleged...more
8/2/2023
/ Aiding and Abetting ,
Alien Tort Statute ,
California ,
Child Labor ,
CLRA ,
Compliance Management Systems ,
Customers ,
Domestic Corporations ,
False Advertising ,
Forced Labor ,
Greenwashing ,
Human Rights ,
Subsidiaries ,
Suppliers ,
Torture Victims Protection Act of 1991 ,
Unfair Competition Law (UCL)