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Climate Change Environmental Impact Statements

Proskauer - Regulatory & Compliance

ESMA Guidelines on Fund Names

The recent ESMA Final Report on the Guidelines for funds’ names using ESG or sustainability-related terms (the “Guidelines”) marks a critical moment for asset managers. These Guidelines aim to clarify when the use of ESG or...more

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

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

NAVEX

EU Regulations: The New Frontier for Business

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The European Union is a hotbed of regulatory activity, with new laws and directives constantly reshaping the business landscape. These changes can seem overwhelming, but understanding them is vital for any company operating...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

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Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

BCLP

Significant Implications for Environmental Assessment of Major Projects

BCLP on

The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was...more

Cozen O'Connor

New York Note – End of 2024 Session, Congestion Pricing, Green Fast Track, City Legislation

Cozen O'Connor on

The New York State Legislature concluded the 2023-2024 session on Saturday. The legislature did not develop a plan for a revenue source to replace toll revenue from congestion pricing, which the Governor indefinitely...more

NAVEX

Supply Chain Regulations and Exposure – How to Manage Third-Party Risk and Beyond

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If the term “nth supplier” joined your vocabulary recently, you’re not alone. If you haven’t heard the term until now, don’t worry – you’ll be hearing it frequently soon enough. The “nth” supplier is the mythical last...more

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Foley Hoag LLP - Energy & Climate Counsel

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business...

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more

Burns & Levinson LLP

Environmental Justice Put to the Test at Boston’s Franklin Park

Burns & Levinson LLP on

Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to...more

Akin Gump Strauss Hauer & Feld LLP

Implications of US Department of Energy Decision to ‘Pause’ Authorizations of Liquefied Natural Gas Exports May Extend Beyond...

On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Jenner & Block

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

Jenner & Block on

On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

Pierce Atwood LLP

Council on Environmental Quality Proposes Substantial Revisions to NEPA

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The White House Council on Environmental Quality (CEQ) recently published a proposed rule that makes substantial revisions to the National Environmental Policy Act (NEPA) regulations, implementing the amendments directed by...more

Foley Hoag LLP - Environmental Law

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

Cadwalader, Wickersham & Taft LLP

UK Government Sued Over Inadequate Assessment of Environmental Impacts of the UK-Australia Free Trade Agreement

In May 2023, Global Feedback, an environmental advocacy group based in the UK and the Netherlands, announced that it had filed legal proceedings against the UK government, claiming that it failed to adequately assess the...more

Bracewell LLP

New Climate Guidance Issued to Federal Agencies Conducting Environmental Impact Analyses

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On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG...more

Orrick, Herrington & Sutcliffe LLP

Going Beyond Climate: A Closer Look at Environmental Proposals

ESG-related shareholder proposals featured prominently in the most recent proxy season, with nearly 40% of large-cap public companies facing a shareholder vote on ESG topics over the first half of 2022. As introduced in an...more

Bennett Jones LLP

Regulatory Considerations for Renewable Natural Gas Projects in Alberta

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As Alberta continues to diversify its economy, the province has seen significant growth and investment in recent years in the development of renewable projects. Renewable natural gas (RNG) is one such area gaining increased...more

Orrick, Herrington & Sutcliffe LLP

CEQ’s Phase I NEPA Revisions: a Partial Rollback of 2020 Rules

On April 20, 2022, the Council on Environmental Quality (“CEQ”) published a final rule revising the primary regulations implementing the National Environmental Policy Act (“NEPA”). The final rule largely restored provisions...more

Hogan Lovells

Fundamental Reforms to Environmental Law in Vietnam

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Spanning over 300 pages, the new environmental protection legislation includes fundamental changes in how projects are evaluated by the authorities for environmental approval, permitting mechanisms and more stringent...more

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

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On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

Mintz

At least these NIMBYies are honest -- another legal challenge to the Vineyard Wind project

Mintz on

Today brings another lawsuit in federal court by NIMBYies, this time on Nantucket, seeking to kill the Vineyard Wind project. As in a lawsuit filed by a Martha's Vineyard NIMBY earlier this summer, the Nantucket NIMBYies...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

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Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

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