ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments Request for preliminary ruling from the Hague Court of Appeal confirms that the concepts of “waste” and “discard” must be interpreted broadly. By Paul A. Davies and Michael D. Green The European Court of Justice (ECJ) recently handed down its judgment in response to a request … Continue Reading
EPA’s decision to forego financial requirements will likely face opposition by eNGOs. By Claudia M. O’Brien and Stacey L. VanBelleghem On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility requirements on the Electric Power Generation, Transmission, and Distribution industry under Section 108(b) of the … Continue Reading
China continues to implement an IT-based big data system of market regulation that rewards and punishes individuals and enterprises. By Paul A. Davies and R. Andrew Westgate China is currently implementing an innovative approach to monitoring, rating, and regulating the behaviour of market participants through a new “social credit system” (SCS) set forth in the … Continue Reading
The significant extension aims to manage plastic waste in an environmentally sound manner and support less developed nations that import waste. By Paul A. Davies and Michael D. Green On May 10, 2019, following two weeks of negotiations involving 1,400 delegates, at the Conferences of Parties to the Basel, Rotterdam and Stockholm Conventions, it was … Continue Reading
2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. By James L. Arnone, Marc T. Campopiano, Christopher W. Garrett, and Lucinda Starrett Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These … Continue Reading
The Committee has recommended that the UK government take the lead in reaching net-zero, through social, financial, and policy change. By Paul A. Davies and Michael D. Green The Committee on Climate Change (CCC), a statutory body that advises the UK government on carbon budgets, has recommended that the UK government should commit to cutting … Continue Reading
The Guide aims to improve climate-related risk disclosure in organizations’ mainstream reports. By Paul A. Davies and Kristina S. Wyatt The Sustainability Accounting Standards Board (SASB) and Climate Disclosure Standards Board (CDSB) have issued a Taskforce on Climate-Related Financial Disclosures (TCFD) Implementation Guide designed to foster improved reporting of climate-related information. The TCFD has enjoyed widespread … Continue Reading
A new regulation will detail how financial market participants and financial advisors must incorporate ESG risks and opportunities in their procedures. By Paul A. Davies and Michael D. Green The European Union (EU) is committed to being the global leader in fighting climate change and implementing the Paris Agreement. Since climate change is increasingly viewed … Continue Reading
Reports suggest that China’s promising focus on environmental regulation may be slowing amid an economic downturn. By Paul A. Davies and Andrew Westgate Background At the 2014 National People’s Congress, Chinese Premier Li Keqiang’s rhetoric adopting an “iron fist” approach in a “war against pollution” represented a stunning volte-face from China’s relaxed environmental oversight and … Continue Reading
The revised Code is likely to encourage a more robust and substantive review of ESG issues by institutional investors. By Paul A. Davies and Michael Green Background The UK Stewardship Code (the Code) was originally published in 2010 following a review of corporate governance. The Financial Reporting Council (FRC) has responsibility for the Code, and … Continue Reading
TCI’s proposal is poised to become its own carbon reduction program with a focus exclusively on the transportation sector, alongside RGGI’s existing cap and trade program. By Jean-Philippe Brisson, Joshua T. Bledsoe, David B. Amerikaner, and Benjamin W. Einhouse The Regional Greenhouse Gas Initiative (RGGI) may soon have a transportation-focused companion to its functioning power … Continue Reading
The decision gives landowners and developers a powerful tool to protect their interests and raises the bar for future critical habitat designations in unoccupied habitat. By Janice Schneider, Nikki Buffa, and Brian McCall The Supreme Court’s unanimous ruling in Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. (2018) has important implications for landowners … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading
California Natural Resources Agency adopts final amendments to CEQA Guidelines, providing additional clarifying revisions to GHG impacts, baseline, and deferral of mitigation amendments. By Marc Campopiano, Winston Stromberg, and Samantha Seikkula The California Office of Administrative Law recently approved a suite of amendments to the CEQA Guidelines, which are now in effect. Latham wrote about … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading
The growth in the level of undertakings throughout 2018 tallies with a general increase in environmental enforcement. By Paul A. Davies and Michael D. Green The Environment Agency has released data indicating that enforcement undertakings in England and Wales reached more than £2.2 million in 2018 — the highest-ever levels within a single year. The amounts … Continue Reading
Latham lawyers discuss the business implications of the new legislation. By Tommy P. Beaudreau, Marc T. Campopiano, Michael J. Gergen, Joshua T. Bledsoe, and Jennifer K. Roy Senate Bill 100, signed into law by Governor Jerry Brown on September 10, 2018, aims to raise California’s already ambitious renewable energy standards by 2030, with an ultimate … Continue Reading
By Paul A. Davies and Michael D. Green The Parliament voted in favor of a single-use plastics ban and added its own amendments. Plastics continue to face widespread regulatory attention in the EU. The European Commission (the Commission) released its Plastics Strategy in January 2018 and built on that effort with a proposed ban on … Continue Reading
By Christopher W. Garrett, Daniel P. Brunton, Jennifer K. Roy and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued September 14, 2018, Inland Oversight Comm. v. City of San Bernardino, Case No. E064836, the California Court of Appeal affirmed the trial court’s decision dismissing the Inland Oversight … Continue Reading
The report supports the efforts of the EU’s Seventh Environment Action Programme. By Alexander Wilhelm According to a report prepared by the Joint Research Centre (JRC) — the European Commission’s science and knowledge service — countries across Europe are making progress on tackling soil contamination. The report[i] states that the management of contaminated sites in … Continue Reading
Fourth and Sixth Circuit decisions give power plant operators additional defenses to citizen suits pending potential Supreme Court review of “groundwater conduit” theory. By Joel C. Beauvais and Stacey L. VanBelleghem Over the past month, two US Courts of Appeals have rejected Clean Water Act (CWA) citizen suits seeking to hold power companies liable for … Continue Reading
Landmark ruling requires the European Commission to disclose impact assessments used as a basis for its legislative decision-making process. By Antonio Morales and Rosa Espín The Grand Chamber of the Court of Justice of the European Union recently issued a landmark judgment finding that impact assessments should be considered public documents. This decision sets a … Continue Reading
The precedent-setting legislation establishes a comprehensive liability scheme for soil contamination, increasing fines for pollution violations while creating tax benefits for remediating contaminated properties. By Paul Davies, Andrew Westgate, and Kimberly Leefatt The Standing Committee of the National People’s Congress, China’s highest legislative body, passed the nation’s first law dedicated to soil protection and pollution … Continue Reading
Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading
