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ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

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On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Second Trump Administration: Environmental Integrity Project Report Predicts Drop in U.S. Environmental Protection Agency...

The Environmental Integrity Project (“EIP”) issued a December 16th report titled: EPA Enforcement Could Drop Sharply in Second Trump Administration, After Improvements Under Biden (“Report”)....more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

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The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Beveridge & Diamond PC

CARB Takes Significant Steps to Advance California Climate Reporting

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In December, the California Air Resources Board (CARB) took noteworthy steps to implement California legislation requiring large companies that “do business in California” to report greenhouse gas (GHG) emissions and disclose...more

Farella Braun + Martel LLP

EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies

On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Structural...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Lexicon, Inc. (“LI”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2023 U.S. PET Bottle Recycling: National Association for PET Container Resources Issues Report

The National Association for PET Container Resources (“NAPCOR”) issued a document titled: 2023 PET RECYCLING REPORT (“Report”). ...more

Gray Reed

Do Montanans’ Rights Include a Fossil-Fuel-Free Environment?

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It looks like they do. In Held et al v. State of Montana the Montana Supreme Court declared the “MEPA Limitation” unconstitutional. The plaintiffs were 16 youths, ages 2 to 18 at the time of filing....more

Alston & Bird

Sustainability Spotlight - Q3 2024

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Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This...more

Perkins Coie

CARB's Rejection of Low-NoX Alternative When Adopting Advance Clean Trucks Regulation Did Not Violate CEQA

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In California Natural Gas Vehicle Coalition v. State Air Resources Board, 105 Cal. App. 5th 304 (2024), the court upheld the Advanced Clean Trucks Regulation (“Regulation”), holding that the California Air Resources Board did...more

ArentFox Schiff

California Expands Proposition 65 Listing of BPS as New Warning Requirements Take Effect

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California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Heidelberg Petroleum Refinery Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hunt Southland Refining Company LLC (“Hunt”) entered into a November 18th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National...more

Snell & Wilmer

President Biden Signs into Law the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead and Copper Rule/Safe Drinking Water Act: Natural Resources Defense Council Intervention in the United States Court of Appeals...

The Natural Resources Defense Council (“NRDC”) and two other environmental organizations filed on December 20th a document styled: Motion of Newburgh Clean Water Project, Natural Resources Defense Council, and Sierra...more

K&L Gates LLP

December 2024 ESG Policy Update—Australia

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Australian Update - Australia Commits AU$75 million to Singapore's FAST-P Clean Energy Transition Initiative - On 3 December 2024, the Australian Government approved an AU$75 million equity investment in the Singapore...more

Downey Brand LLP

EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility Plan

Downey Brand LLP on

In Westside Los Angeles Neighbors Network v. City of Los Angeles (2024) 104 Cal.App.5th 223, the Second District held that the City of Los Angeles Planning Commission (“Commission”) was a decision-making body authorized to...more

Verrill

Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in 2026

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Beginning in May of 2026, owners of brands selling packaged products and importers of foreign-produced packaged products sold in Maine will be required to adhere to Maine’s Stewardship Program for Packaging. Beginning six...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update | December 15 - December 21, 2024 #2

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Baker Botts L.L.P.

Energy Updates – December 27, 2024

Baker Botts L.L.P. on

Clean Energy Meets Market Turbulence: A Week of Transformation. China’s EV Milestone: China will hit its 2035 EV sales target by 2025, a decade early—signaling the rapid end of the traditional ICE cars, at least in China. New...more

Allen Matkins

Renewable Energy Update 12.26.24

Allen Matkins on

The Department of Energy has announced plans to prepare environmental reviews for three proposed hydrogen hubs in Appalachia, California, and the Pacific Northwest as part of the Biden administration’s initiative to establish...more

Husch Blackwell LLP

Evolving Regulatory Status of PFAS Substances

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The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Shelby...

The Tennessee Department of Environment and Conservation (“TDEC”) issued on November 15th a Proposed Director’s Order and Assessment (“OA”) to Tradebe Treatment and Recycling of Tennessee, LLC (“TTRT”) addressing alleged...more

Holland & Hart LLP

EPA Reclassifies the Northern Wasatch Front and Uinta Basin Ozone Nonattainment Areas

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EPA recently redesignated the Northern Wasatch Front and the Uinta Basin ozone nonattainment areas based on data demonstrating that the areas failed to meet the 2015 ozone National Ambient Air Quality Standard (NAAQS) by...more

Perkins Coie

Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA

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A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County...more

Akerman LLP

Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion...

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In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases...more

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