The U.S. Securities and Exchange Commission (SEC or Commission) finalized its climate change disclosure rule on March 6, 2024, reducing the final disclosure obligations from the initial proposal after thousands of comments from stakeholders. The final rule requires comprehensive and
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I must be missing something… CEQ’s Playbook for EJ Strategic Plans
Originally posted by the American College of Environmental Lawyers, November 9, 2023.
On November 3, 2023, the White House Council on Environmental Quality (CEQ) released a playbook for federal agencies to develop their Environmental Justice Strategic Plans, Strategic Planning to…
California’s New Climate-Related Disclosure Laws
California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks. Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands state GHG emissions reporting requirements to large U.S.…
New EPA Rule on PFAS: Urgent Action Required for Manufacturers & Importers
The U.S. Environmental Protection Agency (EPA) has announced a new rule concerning per- and polyfluoroalkyl substances (“PFAS”). Companies that have made or brought products containing these chemicals into the U.S. since 2011 need to report certain information to the EPA.…
Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule
Introduction
On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden Administration’s revisions to…
Defining Environmental Justice
Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity.
Now, consider these statements: The organization that I work for can…
U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation
On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme Court held that the 1868 treaty…
Minnesota Enacts Sweeping PFAS Restrictions
On May 24, 2023, Minnesota became the latest state to impose significant restrictions on perfluoroalkyl and polyfluoroalkyl substances (PFAS) when Governor Tim Walz signed HF 2310. In this blog post, we examine some of the critical questions surrounding the new…
State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting
The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State Water Board is currently accepting public comments on a…
Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW
On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal generating facilities, such as solar and wind projects,…