A new proposal aims to streamline the process for permitting and developing offshore renewable energy projects and reduce costs to developers. By Janice Schneider, Nikki Buffa, Nathaniel Glynn, and Brian McCall On January 30, 2023, the Bureau of Ocean Energy Management (BOEM) published a new proposed rule to update the agency’s regulations governing renewable energy … Continue Reading
The Plan aims to “simplify, accelerate and align incentives to preserve the competitiveness and attractiveness of the EU as an investment location for the net-zero industry”[1]. By Paul A. Davies, Michael D. Green, and James Bee On 1 February 2023, the European Commission (Commission) presented a proposal for a Green Deal Industrial Plan for the Net-Zero Age (the … Continue Reading
The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. By Kegan A. Brown, Gary P. Gengel, G. Jack Mathews, and Thomas C. Pearce On January 18, 2023, the US Department of the Interior (DOI) Office of Restoration and Damage Assessment issued an … Continue Reading
The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement. By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its National Enforcement and Compliance Initiatives (NECI) for … Continue Reading
EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive Environmental Response, Compensation … Continue Reading
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer, Austin J. Pierce, Angela Walker, and Jacqueline Y. Zhang Latham … Continue Reading
The Council’s position includes a number of differences from the European Commission’s original proposal, including in relation to the requirement to diligence the broader value chain. By Paul A. Davies, Michael D. Green, and James Bee On 30 November 2022, the European Council (the Council) — which comprises the views of the EU Member State governments … Continue Reading
The adopted position would mean that financial institutions fall under the remit of the regulation, requiring them to conduct additional due diligence on both established and new customers. By JP Sweny, Michael Green, James Bee, and Vanessa McLellan On 13 September 2022, the European Parliament voted to adopt its position in relation to the European … Continue Reading
The outcome of the review may signal what climate-related laws and policies to expect in the UK in the coming years. By Paul A. Davies, Michael D. Green, and James Bee On 8 September 2022, newly appointed UK Prime Minister Liz Truss announced that Chris Skidmore MP, a Member of Parliament and former minister of energy and clean growth, … Continue Reading
Mobile device manufacturers may be subject to regulations that aim to mitigate the environmental impact of such devices. By Paul A. Davies, Michael D. Green, and James Bee On 31 August 2022, the European Commission published draft “ecodesign” regulations covering various components of smartphones and tablets, seeking to improve the environmental performance of these products. Proposed Ecodesign Requirements Under … Continue Reading
The Guidance Note aims to support Equator Principles Financial Institutions navigating the environmental and social due diligence process. By James R. Barrett, Joshua W. Marnitz, and Malorie R. Medellin In July 2022, the Equator Principles Association published a Guidance Note on how to apply the latest iteration of the Equator Principles (EP), EP4, during the … Continue Reading
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. By Janice Schneider, Nikki Buffa, Josh Bledsoe, Nathaniel Glynn, and Kevin Homrighausen On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land Management (BLM) issued new guidance[1] that outlines the use of … Continue Reading
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
The agency will use the information to take further steps to address climate risks in the commodity derivatives markets. By Jean-Philippe Brisson, Yvette Valdez, Douglas Yatter, Joshua Bledsoe, Michael Dreibelbis, Qingyi Pan, and Deric Behar On June 2, 2022, the Commodity Futures Trading Commission (CFTC) issued a Request for Information (RFI) to inform its understanding … Continue Reading
CCUS and clean hydrogen will play a significant role in the Administration’s efforts to address hard-to-decarbonize industries to promote clean US manufacturing. By Janice Schneider, Nikki Buffa, and Kevin Homrighausen On February 15, 2022, the White House announced important actions in furtherance of the Biden Administration’s broader decarbonization goals — this time with an eye … Continue Reading
A revised standard highlights the need for parties to consider non-scope considerations when conducting environmental assessments for transactions. By Kegan A. Brown, David S. Langer, Thomas C. Pearce, and G. Jack Mathews The American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action recently released an updated standard for … Continue Reading
The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and Kevin Homrighausen This article has been updated to reflect OEHHA’s decision to extend the public comment period on the Proposed Amendments from January 14, 2022 … Continue Reading
The proposed definition would significantly extend the regulatory scope of the Clean Water Act. By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies) published a proposed rule (the Proposed Rule) to revise the definition … Continue Reading
The triggering of the CCM under the UK ETS and ongoing consultations under UK Reach signal speedbumps in the transition process. By Paul A. Davies, Michael D. Green, and James Bee On 30 November 2021, the UK government’s Department of Business, Energy and Industrial Strategy (BEIS) updated its guidance on the UK Emissions Trading Scheme … Continue Reading
The association noted that regulators could provide market participants with much-needed additional trust in ESG ratings and data. By Paul A. Davies, Nicola Higgs, Michael D. Green, James Bee, and Anne Mainwaring On 23 November 2021, the International Organization of Securities Commissions (IOSCO) published a report and set of recommendations (Recommendations) in relation to the … Continue Reading
The consultation is part of IOSCO’s broader goal to establish global sustainability disclosure standards. By Paul A. Davies, Nicola Higgs, and Anne Mainwaring On 26 July 2021, the Board of the International Organization of Securities Commissions (IOSCO) published a consultation report (the Report) that proposes a set of recommendations to mitigate risks flowing from activities … Continue Reading
The package aims to deliver on the targets agreed in the European Climate Law and fundamentally transform the EU’s economy and society for a greener future. By Paul A. Davies, Nicola Higgs, David Little, Elisabetta Righini, JP Sweny, and Michael D. Green On 14 July 2021, the European Commission (the Commission) unveiled a long-awaited package … Continue Reading
The new green bond standard aims to hit EU Green Deal targets, address environmental challenges, and increase investment in sustainable activities. By Paul Davies and Edward Kempson The European Commission (the Commission) recently issued two key announcements relating to the newly published EU Sustainable Finance Strategy (the Strategy) and the new EU Green Bond Standard … Continue Reading
The FCA is proposing a disclosure regime for asset managers, life insurers, and pension providers. By Paul Davies, Nicola Higgs, Victoria Sander, David Berman, Anne Mainwaring, and Charlotte Collins On 22 June 2021, the FCA published a Consultation Paper (CP21/17) on introducing climate-related financial disclosure rules and guidance for asset managers, life insurers, and FCA-regulated pension providers. The disclosure requirements would … Continue Reading
