Environment, Land & Resources

Category Archives: Environmental Regulation

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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

Spain Adopts a New Royal Decree-Law Promoting Renewable Energy and Economic Reactivation

The new measures include changes to grid access permits and a new remuneration regime for renewables, among other provisions. By María José Descalzo, José María Alonso, and Leticia Sitges On 23 June, the Spanish Government passed Royal Decree-Law 23/2020, which entered into force on 25 June, approving new measures in the energy sector that aim … Continue Reading

Sustainable Finance Updates from the European Commission and the International Capital Market Association

Recent developments concern the EU taxonomy, the EU green bond standard, and new sustainability-linked bonds By Paul A. Davies and Michael D. Green Earlier this month (June 2020), the EU released answers to frequently asked questions (FAQs) about the work of the European Commission (the Commission) and the Technical Expert Group on Sustainable Finance (TEG) … Continue Reading

US Fish and Wildlife Service Continues Work to Narrow Application of Migratory Bird Treaty Act

A new draft environmental impact statement on the scope of liability under the MBTA available for public comment. By Janice M. Schneider, Taiga Takahashi, and Julie Miles The US Fish and Wildlife Service (FWS) recently took another step toward narrowing its interpretation of liability under the Migratory Bird Treaty Act (MBTA) by issuing a draft … Continue Reading

EU Commission to Adopt a Regulation on Batteries, Energy Storage, and Electric Vehicle Batteries

The Initiative aims to promote sustainability in both the batteries value chain and the growing electric vehicle market. By Paul A. Davies and Federica Rizzo On 28 May 2020, the European Commission (EC) published its Inception Impact Assessment (IIA) to modernize the EU’s batteries legislation, in particular Directive 2006/66/EC of 6 September 2006 on batteries … Continue Reading

China Proposes Cutting Clean Coal From Revised Green Bond Standards

The proposal signals continued convergence of international standards as the green bond market further matures. By Paul Davies, Michael Green, and Aaron Franklin On 29 May 2020, Chinese regulators published a draft of their 2020 revision to the Green Bond-supported Project Catalogue (Green Project Catalogue) for comments. The Green Project Catalogue comprises a list of … Continue Reading

COVID-19-Related Derogations Under the EU Biocidal Products Regulation and Italian National Guidance

Economic operators are facing a number of practical and legal questions as EU and national authorities work to facilitate the supply of biocidal products. By Cesare Milani and Federica Rizzo The COVID-19 crisis has increased demand for disinfectants, hand cleaners, and other biocidal products, resulting in general shortages across most EU Member States. Many companies are currently working … Continue Reading

EU Commission Sets out Major Climate and Sustainability Proposals

The EU Commission aims to enshrine into law the 2050 climate-neutrality target and has taken further steps to establish a unified EU “green” classification system. By Paul A. Davies, Michael D. Green, and Federica Rizzo The European Green Deal, presented on 11 December 2019, provides a roadmap with actions aimed at boosting the efficient use of resources and the … Continue Reading

FAQ: EU Commission’s New Circular Economy Action Plan

The Action Plan is part of the European Green Deal promoting actions to boost the efficient use of resources by moving to a cleaner and more competitive Europe. By Paul A. Davies, Michael D. Green and Federica Rizzo On 11 March 2020, the European Commission published its Communication to the European Parliament, the Council, the European … Continue Reading

Judicial Review of Heathrow Expansion Is Successful on Climate Change Grounds

The Airports National Policy Statement is ruled illegal as a result of government failure to take account of its Paris Agreement commitments. By Paul A. Davies and Michael D. Green In R (Plan B Earth and Others) v. Secretary of State for Transport and others, the Court of Appeal in England (the Court) heard an … Continue Reading

Trends in Public Utility Regulation: 5 Developments at the California Public Utilities Commission

Wildfires, ride-sharing, community choice aggregation, and more bring increased regulatory risk. By Marc T. Campopiano, Charles C. Read, and Brian F. McCall The California Public Utilities Commission (CPUC) has tremendous influence on public utility regulation in California and beyond. The CPUC has the biggest staff of any state utilities commission and has issued fines and … Continue Reading

New Amendments to Prop 65 Regulations Aim to Clarify Warning Responsibility

The new amendments seek to clarify the division of responsibility for providing warnings among upstream entities, intermediaries, and retailers. By: Michael G. Romey, Lucas I. Quass, and Kevin A. Homrighausen On April 1, 2020, new amendments to the implementation regulations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65 Regulations) will … Continue Reading

Financing the Road to Green

How companies that are unable to issue green bonds can still participate in sustainable finance. By Paul A. Davies, Aaron E. Franklin, and Kristina S. Wyatt If the 2010s were the decade in which green bonds took hold, the 2020s will be the decade in which sustainable finance hits the broader marketplace. The green bond … Continue Reading

Dutch Supreme Court Confirms Government’s Obligation to Reduce Emissions

Court finds the Netherlands’ 20% greenhouse gas emissions target to be unacceptable, citing the UN Framework Convention on Climate Change and the ECHR. By Paul A. Davies and Michael D. Green On 20 December 2019, the Dutch Supreme Court upheld the Court of Appeal ruling in the Urgenda case, determining that the Dutch State was … Continue Reading

EPA’s Proposed Coal Ash Permit Program: 6 Key Points

The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units. By Claudia M. O’Brien and Stacey L. VanBelleghem On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery … Continue Reading
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