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CEQ Final Rule for Federal Agencies Implementing NEPA
Hanson Bridgett LLP, July 2020

Key Points New CEQ rule updating NEPA to go into effect September 14, 2020. Development and other projects funded, assisted, or regulated by federal agencies will receive less scrutiny in the future. Highlights The Council on Environmental Quality (CEQ) issued a final rule to update its regulations for federal agencies implementing the National Environmental Policy Act (NEPA)...

Ministry of Energy Establishes Criteria for Requests of Unique Collective Permit Applicable to Power Generation Companies
Carey, July 2020

By means of Ordinary Resolution No. 675/2020 dated July 8th, 2020 (“Ordinary 675”), the Ministry of Energy established the criteria of the requests of Unique Collective Permits applicable to companies with power generation businesses in the context of the transit instructions issued by the sanitary authority due to the COVID-19 outbreak...

Towards New EU Rules for Preventing Packaging Waste
ALTIUS/Tiberghien, July 2020

The European Commission (“EC”) is collecting data and feedback from stakeholders about the European Union’s (“EU”) current rules on packaging and packaging waste. Based on these insights, it will propose an amendment to the current rules that aim to ensure a properly functioning market for packaging recycling and diminishing packaging waste...

Buchalter Client Alert: Draft General Permit for Winery Wastewater Discharge Released for Comment
Buchalter, July 2020

July 10, 2020 By: John Epperson The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB until August 5, 2020. California wineries should review the Draft Order carefully to determine whether they will be subject to its requirements and, if so, how it will impact their operations...

Draft General Permit for Winery Wastewater Discharge Released for Comment
Buchalter, July 2020

  The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB until August 5, 2020. California wineries should review the Draft Order carefully to determine whether they will be subject to its requirements and, if so, how it will impact their operations...

New Unfair Trading Practices in the Food Supply Chain
ALTIUS/Tiberghien, July 2020

Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims to ensure that agri-food companies are protected against these unfair practices.   Scope of the Directive The Directive’s scope is very limited...

Court of Appeal Upholds State Board’s Broad Power to Regulate Riparian and Pre-1914 Appropriative Water Rights to Protect Threatened Fish
Hanson Bridgett LLP, July 2020

Key Points The Third Appellate District in Stanford Vina Ranch Irrigation Co. v. State found that the State Board could promulgate emergency drought regulations and issue curtailment orders necessary to protect threatened fish...

Taxonomy Regulation
PLMJ, June 2020

Introduction and background The “Action Plan: Financing Sustainable Growth” was published by the European Commission on 8 March 2018 and it established a financing strategy to redirect capital flows towards sustainable investment...

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides
Buchalter, June 2020

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup.  In National Association of Wheat Growers, et al. v...

Opening the Golden Door: The Fourth District Shines a Light on CEQA Compliant Greenhouse Gas Mitigation
Hanson Bridgett LLP, June 2020

Key Points The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA Enforceability is a significant component of a CEQA compliant GHG mitigation measure In a nod to the recently approved Newhall Ranch plan, the Court of Appeal outlined the contours of acceptable carbon offset programs, both within and outside California In Golden Door Properties, LLC, v...

Agricultural and Livestock Service Issues Regulations to Adapt the Availability of its Services Regarding the Program of Exports of Origin During the Covid-19 Pandemic
Carey, June 2020

Considering the Covid-19 pandemic, the Agriculture and Livestock Service (Servicio Agrícola y Ganadero, "SAG") issued the Exempt Resolution No. 3,439, dated May 19, 2020 to update the Program of Exports of Origin. (View update here.) This Resolution was published in the Official Gazette on June 10, 2020...

CORFO Creates Green Credit to Boost Investment in Renewable Energy, Energy Efficiency and Circular Economy Projects.
Carey, June 2020

On June 11, 2020, Resolution No. 29/2020 (“RES 29”) of the Chilean Economic Development Agency (“CORFO”), which approved the regulations that will govern the “Green Credit” program, was published in the Official Gazette. The RES 29 aims to endorse the investment in renewable energy projects during the economic contingency arising post Covid-19. (https://www.corfo.cl/sites/cpp/sala_de_prensa/nacional/10_06_2020_corfo_crea_credito_verde)...

Do We Need a Green Recovery from COVID-19?
Shoosmiths LLP, June 2020

Incorporating climate reporting into new, post-COVID-19, strategies will not only help achieve net zero targets but early adopters will be at the forefront of gaining valuable expertise, market resilience and better returns. There has been much discussion about the economic model for the global effects of COVID-19 and for our transition out the other side...

COVID-19: Support for Agriculture and Agri-Food Businesses in Quebec and Canada
Lavery Lawyers, June 2020

It goes without saying that the economic upheavals caused by the COVID-19 pandemic are posing countless challenges for all companies, whether or not they are pursuing their activities within the limits imposed by the governments of Canada and Quebec. Food producers such as agricultural and food processing businesses, considered by the Quebec government to be essential services, are not exempt from this harsh reality...

Legal Impacts of Covid-19 (Version 2)
Rodrigo, Elias & Medrano Abogados, June 2020

The purpose of this special report (the “Report”) is to inform the legal considerations and initial impacts that may affect the operation of a business as a result of the state of emergency for fourteen (14) days from March 16, 2020 (the “State of Emergency”) declared through Supreme Decree No...

EPA Warns Against Potentially False and Misleading COVID-19 Disinfectant Claims
Hunton Andrews Kurth LLP, June 2020

A consumer advisory issued on June 1, 2020 by the United States Environmental Protection Agency (EPA) clarifies which hard-surface disinfectant products may legally make claims regarding expected efficacy against the COVID-19 virus. The advisory, titled “What You Need to Know Regarding Products Making Claims to Kill the Coronavirus Causing COVID-19,” also warns retailers of potential enforcement actions if they sell non-compliant products...

Sernapesca Adopts New Measures to Contain the Impact of COVID-19 in the Salmon Industry
Carey, May 2020

The National Fisheries and Aquaculture Service (“Sernapesca”) has issued a series of resolutions. Resolutions No 672/2020 , No 725/2020 and No 805/2020 - that incorporate new measures to those indicated in Resolution No. 565 dated March 16, 2020 which authorized the adoption of certain measures in salmon farming centers in the context of COVID-19...

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products
Hanson Bridgett LLP, May 2020

As noted in our prior alerts, the US EPA has made it a priority during the ongoing COVID-19 pandemic to target sham pesticides and products falsely claiming to prevent infection from COVID-19, using its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”).1 (The prior alerts are available here and here.) Notably, and in addition to regulating pesticide substances, e.g...

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products
Hanson Bridgett LLP, May 2020

Key Points U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA. EPA's distinction in regulating pesticide substances versus pesticide devices can cause confusion, but can be addressed if companies take proactive steps to ensure their product's compliance with the requisite legal framework, and self-report when in doubt. As noted in our prior alerts, available here and here, U.S...

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products
Hanson Bridgett LLP, May 2020

Key Points U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA. EPA's distinction in regulating pesticide substances versus pesticide devices can cause confusion, but can be addressed if companies take proactive steps to ensure their product's compliance with the requisite legal framework, and self-report when in doubt. As noted in our prior alerts, available here and here, U.S...

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products
Hanson Bridgett LLP, May 2020

Key Points: U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA. EPA's distinction in regulating pesticide substances versus pesticide devices can cause confusion, but can be addressed if companies take proactive steps to ensure their product's compliance with the requisite legal framework, and self-report when in doubt. As noted in our prior alerts, available here and here, U.S...

Recent Recusal Cases Reveal Pitfalls for Land Use Practitioners
Hanson Bridgett LLP, May 2020

Key Points City council and planning commission recusals can have a significant impact on the outcome of hearings involving land use and environmental issues. Recusals can lead to tie votes or the loss of a quorum, which may make it impossible for local governments to approve development projects. In some circumstances, an elected or appointed official’s failure to recuse can be grounds for reversing local government decisions...

Hard Knock to the Legal Certainty in Guatemala - Electric Sector in Crisis
QIL+4 ABOGADOS, May 2020

Guatemala dawns today with the validity of a law, contained in the Decree 15-2020, extremely harmful for the country, the economy, the industry and legal certainty, and in violation of the Constitution. This law allows for the possibility of not paying certain basic services (water, cable, telephony, power [sic] (electric power) and internet) by the users, and imposes the obligation to public and private supplier companies not to suspend, under any circumstances, their provision...

The 'Next Normal': Climate Change Risk Governance in a Pandemic Age - Part 1
MinterEllison, May 2020

While immediate pandemic pressures may moderate short-term corporate progress on climate risk assessment and disclosure, there is little to suggest that regulatory and investor expectations have significantly diminished in 2020. Corporates may face increasing investor pressure to make a 'Paris-aligned' business strategy a central pillar of their corporate rebuilding and recovery plans, with a measurable pathway to net zero emissions...

The Commission Introduces Derogations from the Competition Rules and Adopts Measures aimed at Supporting the Agri-Food Sector
Delphi, May 2020

On 4 May 2020, the Commission published the latest package of exceptional measures (announced on 22 April) to support the agricultural and food sectors that have been hit hardest by the crisis. The package of measures adopted by the Commission includes temporary derogations from EU competition rules for milk, flowers and potatoes, support for private storage of dairy and meat products and flexibility in the application of market support programs...

 

 

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