We have previously blogged about President Biden’s infrastructure plan released in late March. The sweeping $2 trillion plan provides a blueprint designed to strengthen America’s infrastructure and reduce greenhouse gas emissions. This goal was also highlighted in the president’s recent discretionary spending request to Congress, requesting $1.8 billion in programs to reduce greenhouse gas emissions, which EPA Administrator Michael Regan called “historic investments to tackle the climate crisis[.]” In three principal areas — research and…

Energy & Environmental Law Adviser

American Jobs Plan Targets Resilience, Green Tech, and Remediation to Strengthen Crumbling Infrastructure

By Robert A.H. Middleton

April 12, 2021

President Biden’s sweeping infrastructure proposal, the American Jobs Plan, takes a broad view of what constitutes infrastructure and tackles many of the issues President Biden highlighted in his campaign, including climate change, the state of the country’s traditional infrastructure, and social inequality. The massive $2 trillion plan creates incentives and opportunities for utilities and other entities in the energy sector to remediate legacy sites and pivot toward a more resilient and greener energy infrastructure.…

Energy & Environmental Law Adviser

EPA Considering Revised Effluent Limitations Guideline Relating to PFAS

By Matthew H. Griffin & Daniel J. Deeb

April 8, 2021

Recently, the U.S. Environmental Protection Agency (EPA) took a preliminary step toward requiring limits on some National Pollutant Discharge Elimination System (NPDES) discharges of per- and polyfluoroalkyl substances (PFAS) into surface water. On March 17, EPA issued an advance notice of proposed rulemaking pursuant to the Clean Water Act (CWA), which seeks public comment on data EPA has collected about certain PFAS discharges to surface water and requests additional information about businesses that make or…

Energy & Environmental Law Adviser

EPA Reinforces Position that Certain Types of ECM Changes in Road-Certified Vehicles Constitute “Tampering” Under the Clean Air Act

By David M. Loring & Sarah L. Lode

March 31, 2021

The U.S. Environmental Protection Agency (EPA) recently progressed its effort to stymie the aftermarket tuning of vehicles used for racing and competition in a complaint alleging that Gear Box Z violated the Clean Air Act by selling certain types of aftermarket software that modifies the engine control module (ECM), among other practices. EPA’s action is part of its national mobile source enforcement initiative to prevent the manufacturing, sale, and installation of aftermarket tuning and emission…

Employment Law Landscape

New COVID-19 Relief Package Provides Free COBRA Premiums Starting April 1: What Employers and Employees Need to Know

By Brian A. Friederich, Lauralyn G. Bengel & Edward Spacapan Jr.

March 26, 2021

COBRA Healthcare Insurance Benefits for Unemployment concept

The American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021. One of the significant COVID-19 relief provisions in the bill includes a 100 percent COBRA premium subsidy so eligible individuals can continue getting health insurance for up to six months. The subsidy is available beginning April 1, 2021, and ends September 30, 2021 (the “Free COBRA Period”).…

Employment Law Landscape

DOL Will Not Enforce ESG-Related Final Rule

By Katherine S. Walton

March 19, 2021

In one of the latest developments in the Biden administration’s recent initiatives to strengthen environmental, social, and governance (ESG) efforts in the United States, the U. S. Department of Labor (DOL) announced last week that it would not enforce a final rule requiring fiduciaries subject to ERISA to evaluate investment opportunities based upon financial performance factors, rather than ESG metrics. The DOL stated that the final rule “created a perception that fiduciaries are at risk…

Energy & Environmental Law Adviser

DOL Will Not Enforce ESG-Related Final Rule

By Katherine S. Walton

March 19, 2021

Product Liability & Mass Torts Blog

Companies Defending Personal Injury or Wrongful Death Suits in Illinois Will Face Prejudgment Interest If New Bill Becomes Law

By James Cromley & Rachel A. Remke

March 16, 2021

Wood Gavel Standing Front Of the Illinois State Flag Closeup 3d Render

A new bill sitting on Illinois Governor J.B. Pritzker’s desk could change the calculus for defendants in personal injury and wrongful death lawsuits by entitling plaintiffs to prejudgment interest both in future lawsuits and in lawsuits that have already been filed. The bill could make plaintiffs’ verdicts more costly for defendants while also inflating settlement amounts. HB3360 passed both houses on January 13 and went to the governor on February 4 for signature. If the…

Energy & Environmental Law Adviser

New SEC Task Force Further Demonstrates Biden Administration’s Sharp Focus on Climate and ESG Issues

By Sarah L. Lode & Amy Antoniolli

March 11, 2021

Sequoia National Park Road. California, United States.

Last week, the U.S. Securities and Exchange Commission (SEC) announced the creation of a new 22-person Climate and Environmental, Social, and Governance (ESG) Task Force in its Division of Enforcement, a notable development in a series of recent steps taken by the Biden administration focused on increasing ESG accountability.…

Product Liability & Mass Torts Blog

How COVID Has Changed False Advertising Rules

By Katia Asche & Jill Berry

March 9, 2021

In light of the COVID-19 pandemic, manufacturers of cleaning products may want to examine what their marketing says (or doesn’t say) about their products’ ability to disinfect. What manufacturers should note: Plaintiffs’ lawyers are filing an increasing number of false advertising claims alleging that cleaning and sanitizing products do not do what they purport to do. While plaintiffs must still satisfy the existing legal standards for false advertising claims, these claims may lead some manufacturers…

Schiff Hardin LLP

Schiff Hardin LLP Blogs

Blog Authors

Biden Infrastructure Proposal Plants Seeds for a Greener Tomorrow

American Jobs Plan Targets Resilience, Green Tech, and Remediation to Strengthen Crumbling Infrastructure

EPA Considering Revised Effluent Limitations Guideline Relating to PFAS

EPA Reinforces Position that Certain Types of ECM Changes in Road-Certified Vehicles Constitute “Tampering” Under the Clean Air Act

New COVID-19 Relief Package Provides Free COBRA Premiums Starting April 1: What Employers and Employees Need to Know

DOL Will Not Enforce ESG-Related Final Rule

DOL Will Not Enforce ESG-Related Final Rule

Companies Defending Personal Injury or Wrongful Death Suits in Illinois Will Face Prejudgment Interest If New Bill Becomes Law

New SEC Task Force Further Demonstrates Biden Administration’s Sharp Focus on Climate and ESG Issues

How COVID Has Changed False Advertising Rules

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