Environmental

April 7, 2020

In response to the COVID-19 emergency, and consistent with Gov. Tom Wolf’s Proclamation of Disaster Emergency of March 6, 2020, the Pennsylvania Department of Environmental Protection (PADEP) has developed guidance for those permit holders and operators who have questions about their obligations during this time. Key Points: PADEP COVID-19 Emergency Request to Temporarily Suspend Regulatory Requirements and/or Permit Conditions. PADEP has developed a form for regulated entities and permittees to request the temporary suspension of…

Environmental Law & Policy Monitor

Agencies Release Final Rule on Passenger Vehicle Fuel Economy

By Mack McGuffey & Houston Shaner

April 7, 2020

On March 31, 2020, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA” and, collectively, the “Agencies”) released the pre-publication version of the final part to their joint Safer Affordable Fuel-Efficient (“SAFE”) Vehicles Rule. The new rule amends EPA’s greenhouse gas emission standards for passenger vehicles, light-duty trucks, and medium-duty passenger vehicles in model years 2021 and onward, and it simultaneously amends or creates NHTSA’s corporate average fuel economy standards…

Louisiana Law Blog

Property Tax Filing Deadline Extended to April 30, 2020

By Steven Boutwell

April 7, 2020

By: Angie Adolph Governor John Bel Edwards has issued another Executive Order suspending legal deadlines as a result of the COVID 19 pandemic. This order is more comprehensive than prior orders. In Section 5, he extends deadlines in Title 47 (taxation) until at least April 30 and confirms that administrative agency deadlines are also suspended until April 30. Read more here.…

Louisiana Law Blog

April 7, 2020 Update to CARES Act and Paycheck Protection Program

By Steven Boutwell

April 7, 2020

By Dean Cazenave, Blane Clark and Elisabeth Prescott Calendar Year 2019 Payroll as Basis for Loan Amount (General Rule). If the borrower was in business for all of 2019, it may use the payroll costs for calendar year 2019 or the last 12 months prior to application (e.g., 4/1/19 – 3/31/20). April 6 guidance issued by the SBA provided: In general, borrowers can calculate their aggregate payroll costs using data either from the previous…

Environment, Land & Resources

ESG Rating on Trial in Germany

By Latham & Watkins

April 7, 2020

A rating agency accepted a preliminary injunction regarding a disputed corporate sustainability rating. By Paul A. Davies, Michael D. Green, Joachim Grittmann, and Alexander Wilhelm As reported by a number of German newspapers and the environmental press, a dispute between the US proxy advisory firm Institutional Shareholder Services (ISS) and the German industrial image processing company Isra Vision came to a rapid conclusion before the Regional Court of Munich when ISS withdrew…

PFAS and Emerging Contaminants

Update on NJDEP Issuance of Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS, Addition of PFOA and PFOS to Its List of Hazardous Substances, and Amendment of Other Rules Related to PFOA, PFOS and PFNA

By Adam H. Cutler & Robert J. Schena

April 6, 2020

Updating our previous post, as of the April 6, 2020 issue of the New Jersey Register, NJDEP has not yet published its anticipated Final Rule setting drinking water and groundwater cleanup standards for PFOA and PFOS, adding those substances to NJDEP’s list of hazardous substances under the Spill Act, and amending other rules related to PFOA, PFOS and PFNA. The Office of Administrative Law has confirmed that NJDEP timely conveyed the rule for publication, but…

Environmental Law Post

EPA Enforcement Discretion Policy in Response to COVID-19 Pandemic

By Robert Reagan

April 6, 2020

On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance regarding enforcement discretion in light of the COVID-19 pandemic. The guidance acknowledges that COVID-19 may impair compliance with environmental laws and regulations and sets forth the steps that regulated entities must take to qualify for enforcement relief. The policy is retroactive to March 13, 2020, and has no end date. General Conditions for Enforcement Discretion. The guidance provides that regulated entities should make every…

Louisiana Law Blog

April 6, 2020 Update to CARES Act and Paycheck Protection Program

By Steven Boutwell

April 6, 2020

By Dean Cazenave, Blane Clark, and Elisabeth Prescott Calendar Year 2019 Payroll as Basis for Loan Amount (General Rule). If the borrower was in business for all of 2019, the PPP loan application form suggests that the borrower must use the payroll costs for calendar year 2019 (even though this appears to conflict with the language in the CARES Act, which provided for the calculation over the 12 month period preceding the loan…

The Nickel Report

Eroding Investor Protections: Managing CSR and Political Risk in the Sustainable Brave New World

By P. Scott Burton, John Jay Range & Mark J. Thurber

April 6, 2020

Facing growing criticism that they impede sustainable development goals, investment protections afforded by traditional international investment agreements (IIAs) are steadily eroding. Increasingly, the trend is toward provisions allowing host states greater flexibility to regulate environmental, transparency, human rights and other social impacts. At the same time, enhanced corporate social responsibility (CSR) obligations have become more common in recent IIAs. Moreover, when evaluating investor claims, such as those grounded in stabilization or “fair and equitable treatment”…

Louisiana Law Blog

Louisiana Court Closures and Updates in Accordance with COVID-19

By Steven Boutwell

April 3, 2020

By Kristi Obafunwa and Chynna Anderson The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the court system navigate through these challenging times of our increasingly disrupted world. Below is…