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Practice Industry: Agriculture, Environmental

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Focus on COP 26: Jargon Buster
Shoosmiths LLP, April 2021

It is only seven months until the eyes of the world fall on Glasgow as it hosts COP 26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty...

Impacts on Creditors Servicers Preparing for Uncertain Future CFPB Debt Collection Working Session 7
Bradley Arant Boult Cummings LLP, April 2021

Although there is considerable uncertainty about what the future holds for the CFPB’s Debt Collection Final Rule, it is still currently set to become effective on November 30, 2021. This has caused many in the industry to wonder what should be done while we wait for answers. Join us to learn more about the current status of the Debt Collection Final Rule, and what steps you might consider taking now...

Supreme Court of Canada Finds Federal Act on Greenhouse Gas Pricing Constitutional
Lawson Lundell LLP, April 2021

In its highly anticipated judgment, the majority of the Supreme Court of Canada found the Greenhouse Gas Pollution Pricing Act constitutional in a split 6-3 decision. The key issue before the court was whether the Greenhouse Gas Pollution Pricing Act (“GGPPA”) was constitutional. The majority decided that it was, because Parliament has jurisdiction to enact this law as a matter of national concern...

Interview: The Future of Logistics
Shoosmiths LLP, March 2021

This article forms part of our ‘New How: Perspectives’ campaign: ‘The logistics industry is booming, but can our infrastructure keep up?’. Here Choisanne Man, a real estate partner in Shoosmiths’ London office, speaks with David Proctor, Managing Director, Group Investment at Segro, to discuss the state of the logistics sector including the challenges it poses for our towns and cities. 1...

The Future of Manchester – A Dynamic Production
Shoosmiths LLP, March 2021

COVID-19 has forced us to completely rethink the way we live, work and move around. It has begged the question: what is it that makes a great city? Manchester is one of the fastest-growing cities in the UK. With cranes dominating the skyline, billions continue to be invested into the city centre as it evolves into a city of quarters...

Industrial Decarbonisation Strategy Shows Ambition
Shoosmiths LLP, March 2021

The government’s recently announced low-carbon industrial sector strategy, supported by over £1 billion in funding to cut emissions from industry and public buildings, if nothing else, shows great ambition but does it also deliver the wherewithal to achieve those objectives? It builds on the proposals in the Energy White Paper which themselves expanded upon the Ten Point Plan for a Green Industrial Revolution announced by Prime Minister in November last year...

New Regulation on Conditions for the Treatment and Disposal of Wastes from Aquaculture Activities
Carey, March 2021

On March 16, 2021, Decree No. 64 / 2020 of the Ministry of Economy, Development and Tourism, was published in the Official Gazette, approving the Regulation that establishes conditions for the treatment and final disposal of wastes from aquaculture activities (the "Regulation")...

Decree that Sets Goals and Obligations to Plastic Containers and Packaging in Chile is Published
Carey, March 2021

On March 16, 2021, Supreme Decree No. 12/2020 of the Ministry of the Environment was published in the Official Gazzette, setting forth collection and recovery goals and other associated obligations related to containers and packaging, in the context of Law 20,920, on Extended Producer Responsibility ...

Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits
Mamo TCV Advocates, March 2021

On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary...

Sea Change?: Water Policy Under the Biden Administration
Bradley Arant Boult Cummings LLP, March 2021

With the new year comes a new president. Will the new year and administration also bring new water policy? Bet on it. Just as President Trump undid President Obama’s signature water policy decision—the Clean Water Rule, which clarified and arguably expanded federal water permitting jurisdiction—President Biden is likely to rewind many of President Trump’s water policy (and, more generally, environmental policy) decisions over the next four or more years...

New Regulation on Classification and Labeling of Hazardous Substances
Carey, February 2021

On February 9, 2021, Supreme Decree No. 57/2019 of the Ministry of Health, which approves the Regulation on Classification, Labeling and Notification of Hazardous Chemical Substances and Mixtures (the "Regulation"), was published in the Official Gazette...

Good Governance in Farming Businesses
Shoosmiths LLP, February 2021

Post-Brexit, it’s now even more important for farming families to understand how changes to direct payments and valuation of farmland can affect succession, asset protection and family disputes. We explain what you need to know. Leaving the EU resulted in the UK leaving the EU’s Common Agricultural Policy (CAP), which paid farmers direct payments and has been a significant source of income for many farmers...

Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules
Buchalter, February 2021

  The Sixth Circuit recently ruled that an agricultural “multi-service finance company” had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act (“PACA”)[1] and could not circumvent the security interests of a senior lender...

Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision
Schwabe, Williamson & Wyatt, February 2021

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, concerning Clean Water Act (“CWA”) jurisdiction over discharges to groundwater...

Environmental, Bioeconomy: Payment for Environmental Services
Veirano Advogados, January 2021

Following the bioeconomy trend, the National Policy of Payment for Environmental Services was published, establishing the payment for services that benefit the maintenance, recovery and improvement of ecosystemic services, such as provision services (e.g. water supply), and regulation services (e.g. climatic change programs). On January 14, 2021, the Federal Law No. 14,119 ("Law") establishing the National Policy of Payment for Environmental Services ("PNPSA") was published...

2021 Predictions: What’s on the Horizon for the Environment?
Shoosmiths LLP, January 2021

This year it may be easier to predict developments in environmental law and policy than in 2020. The main reason for that is that there are several key developments that should have happened in 2020 but didn’t because of the Covid-19 pandemic. Here are our top five predictions. 1. The Environment Bill The Environment Bill is a key piece of legislation that establishes a post-Brexit environmental governance framework for England...

Bankruptcy and Insolvency – New Reporting Requirements for Lands Used for Specified Industrial or Commercial Activities
Lawson Lundell LLP, January 2021

On February 1, 2021, amendments to B.C.’s Environmental Management Act will come into effect that will introduce new reporting requirements in relation to lands that have been used for specified commercial or industrial uses (the Stage 13 Amendments)...

British Columbia Contaminated Sites – New Requirements Start Feb. 1, 2021
Lawson Lundell LLP, January 2021

On February 1, 2021, new reporting requirements in British Columbia will apply to owners and operators of lands that have been used for specified commercial and industrial uses. These reporting requirements will also trigger environmental investigation requirements to determine whether or not the lands are contaminated. While the B.C...

Redevelopment of Land in B.C. – New Contaminated Sites Reporting Requirements
Lawson Lundell LLP, January 2021

On February 1, 2021, amendments to B.C.’s Environmental Management Act and the Contaminated Sites Regulation (the Stage 13 Amendments) will come into effect which will affect the application process for redevelopment of lands formerly used for specified industrial or commercial uses...

Tires: Decree that Sets Forth Goals and Obligations Associated to the EPR Law is Published in the Official Gazette
Carey, January 2021

On January 20, 2021, Supreme Decree No. 8/2019 of the Ministry of the Environment was published in the Official Gazette, setting forth collection and valorization goals and other associated obligations for tires in order to prevent the generation of such wastes and to promote their reuse, recycling or other types of recovery, in the context of Law 20,920 on Extended Producer Responsibility. Regulated object: tires This decree is applicable to tires introduced into the market...

Five Things to Know when Considering Urban Redevelopment in Tennessee
Waller, January 2021

Tennessee’s urban centers continue to be attractive markets for investment in residential, office and mixed-use developments. While most sophisticated real estate developers and investors are aware of land use and zoning requirements associated with projects in heavily regulated urban centers, many may not be aware of certain environmental issues that can derail a project.  “Urban soil” is different...

Significant Changes Proposed for Nationwide Permitting
Bradley Arant Boult Cummings LLP, January 2021

2020 was a year of unprecedented circumstances and change, and more change is coming in 2021—this time, in the form of significant modifications to the nationwide permitting program. On September 15, 2020, the Army Corps of Engineers (Corps) published a notice of proposed rulemaking to reissue and modify nationwide permits (NWPs), ahead of the usual five-year reauthorization schedule for the current 2017 NWPs...

Environment and Agribusiness: Ministry of Agriculture, Cattle Raising and Supply’s Strategic Agenda for Sustainable Agriculture
Veirano Advogados, January 2021

Ministry of Agriculture, Cattle Raising and Supply publishes Ordinance establishing working group for the development of the strategic agenda for sustainable agriculture. On February 1, 2021, the Ministry of Agriculture, Cattle Raising and Supply ("MAPA") published  Ordinance No. 26 ("Ordinance"), establishing the working group for the development of the strategic agenda for sustainable agriculture...

NEPA in the Ninth Circuit: A Rare Look at Impacts to Redwood Forests and "Downstream" Carbon Emissions
Hanson Bridgett LLP, December 2020

Key Points In a rare move, the Ninth Circuit Court of Appeals published two opinions about subjects that are hardly ever discussed in the court's published National Environmental Policy Act (NEPA) decisions. For the first time in more than three decades, the court examined impacts to an old-growth redwood forest, and for the first time since 2016, the court examined indirect (downstream) carbon emissions. In Bair v...

Government Launches Long-Awaited Energy White Paper
Shoosmiths LLP, December 2020

The government has launched its long-awaited Energy White Paper, expanding on the government’s 10-point plan for a Green Industrial Revolution. The Energy White Paper commits to the creation and support of up to 220,000 jobs over the next decade, ranging from jobs in major power generation, carbon capture storage and hydrogen projects supported by a new £240 million net zero Hydrogen Fund, to the retrofit of homes and buildings for greater energy efficiency...

 

 

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