Environment, Land & Resources

Category Archives: Environmental Litigation

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What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. By Michael G. Romey, Lucas Quass, and Peter R. Viola On May 25, 2023, by a narrow 5-4 majority, the US Supreme Court ruled in Sackett v. EPA that the Clean Water Act (CWA) … Continue Reading

2022 CEQA Year in Review: Understanding the Judicial Landscape for Development

Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022. On April 20, 2023, Latham lawyers held a webcast highlighting important cases from the past … Continue Reading

Greenwashing: Key Drivers, Risks, Enforcement, and Litigation

LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space. By Sophie J. Lamb KC and Aleksandra Dulska Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of greenwashing and how English law continues to evolve and adapt in order to meet the needs … Continue Reading

US Warehouse Regulation Lawsuit Reaches Critical Stage

A federal court heard motions for summary judgment in challenge to first-in-nation rule requiring warehouses to adopt clean technologies. By Joshua Bledsoe, Nick Cox, and Jennifer Garlock On April 17, 2023, a US federal judge heard arguments in a lawsuit challenging the South Coast Air Quality Management District (SCAQMD or the District) adoption of Rule … Continue Reading

CEQA Case Report: 2021 Year in Review

Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, Peter J. Gutierrez, John C. Heintz, Lauren E. Paull, Aron Potash, Lucas I. Quass, Natalie C. Rogers, Jennifer K. Roy, and Winston P. Stromberg Latham & Watkins is pleased to present its fifth annual … Continue Reading

US Supreme Court Decision May Affect NRD Trusteeship Determinations

The decision could complicate states’ ability to pursue groundwater natural resource damages actions. By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about their respective interests in groundwater that flows through multiple … Continue Reading

CEQA Case Report: 2020 Year in Review

Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether … Continue Reading

EPA Begins Term With Congressional Mandate to Phase Down HFCs

The agency’s rulemaking to implement the AIM Act will offer stakeholders opportunities to shape a new market-based mechanism to reduce HFCs. By Jean-Philippe Brisson, Stacey VanBelleghem, and Zaheer Tajani Tucked inside the US$900 billion COVID-19 relief package signed into law on December 27, 2020, is a regulatory opportunity for the climate-focused Biden Administration: the American … Continue Reading

European Commission Launches Consultation on Health and Safety at Work

The consultation seeks to establish a strategic framework aimed at ensuring high standards of protection for workers. By Paul A. Davies and Michael D. Green On 7 December 2020, the European Commission (EC or the Commission) launched a public consultation (the Consultation) on the new EU Strategic Framework on Health and Safety at Work for … Continue Reading

SASB and IIRC Announce Their Intention to Merge

The Sustainability Accounting Standards Board and the International Integrated Reporting Council merger aims to streamline ESG reporting to improve data for investors. By Paul A. Davies and Michael D. Green On 25 November 2020, the Sustainability Accounting Standards Board (SASB) and the International Integrated Reporting Council (IIRC) announced that they are merging into a unified … Continue Reading

Medicare Seeks to Ensure Repayment in Toxic Tort and Personal Injury Settlements

Companies and their attorneys risk monetary penalties and DOJ enforcement if they fail to ensure that toxic tort and personal injury plaintiffs reimburse Medicare. By Christine Rolph, Taiga Takahashi, and Holly Bainbridge The US Department of Justice (DOJ) has filed numerous enforcement actions against defendant companies and law firms based on an alleged failure to … Continue Reading

Australian Government Faces Class-Action Over Failure to Disclose Climate Change Risks

The pioneering case seeks an injunction to restrain the government from further promoting exchange-traded bonds until it complies with its duty of disclosure. By Paul A. Davies and Michael D. Green On 22 July 2020, investors filed a class-action claim against the Australian government, alleging that it failed to disclose material climate change risks relating … Continue Reading

UK Carbon Pricing Updates: UK Emissions Trading System and Carbon Emissions Tax Consultation

The government provides further details on UK carbon pricing after Brexit. By Paul A. Davies and Michael D. Green On 14 July 2020, the UK government published the draft Greenhouse Gas Emissions Trading Scheme Order 2020 (the Order), establishing a framework for the potential UK Emissions Trading System (UK ETS). Subsequently, on 21 July 2020, … Continue Reading

CEQA Case Report: 2019 Year in Review

Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Marc T. Campopiano, Shivaun A. Cooney, Benjamin J. Hanelin, John C. Heintz, Maria Pilar Hoye, Aron Potash, and Winston P. Stromberg Latham & Watkins is pleased to present its third annual CEQA Case Report. Throughout 2019 Latham lawyers reviewed … Continue Reading

EU Commission’s Sustainable Finance Taxonomy Enters Into Force

The sustainable finance classification system entered into force on 12 July 2020, providing a framework for other green initiatives. By Paul A. Davies and Michael D. Green On 12 July 2020, the EU’s regulation on the establishment of a framework to facilitate sustainable investment (the Taxonomy Regulation) entered into force, after several years of planning … Continue Reading

EU Commission Launches Consultation on Green Bond Standard

The consultation aims to gather technical input from stakeholders in the green bond market before finalising an EU GBS. By Paul A. Davies, Michael D. Green, and Aaron E. Franklin On 12 June 2020, the European Commission (the Commission) published a targeted consultation document on the establishment of an EU Green Bond Standard (EU GBS). … Continue Reading

Swiss Parliament Considers Responsible Business Initiative

The initiative has the potential to significantly extend liability for certain Swiss companies in relation to abuses of human and environmental rights. By Paul A. Davies and Michael D. Green Since 1891, Swiss citizens have been able to request changes to the Swiss constitution through popular initiatives. Currently, if an initiative is put forward by … Continue Reading

US Supreme Court: Some Discharges Through Groundwater Require Permit

Decision concludes a permit is required if such discharges are the “functional equivalent” of a direct discharge to navigable waters. By Janice Schneider, Maria Hoye, and Ethan Prall On April 23, 2020, the Supreme Court of the United States issued an opinion in County of Maui, Hawai’i v. Hawai’i Wildlife Fund, holding that the Clean … Continue Reading
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