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Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision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Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife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...

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...

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...

Settlement in Climate-Related Financial Disclosure Case
MinterEllisonRuddWatts, November 2020

The recent settlement in the Australian case: McVeigh v Retail Employees Superannuation Trust (REST) will be highly relevant to all New Zealand fund managers considering the impact of climate change on their investors. McVeigh v REST is the first case to consider whether a trustee of a superannuation fund had the duty to consider and disclose climate change risks...

October 2020 Nickel Report Post Summary
Hunton Andrews Kurth LLP, November 2020

This alert provides links to the latest insights and commentary on key energy and environmental issues from the Hunton Andrews Kurth team. Links to our most recent posts on the Nickel Report Blog for this month are below. Please subscribe to receive alerts when new posts are published by visiting our blog and entering your email address in the subscribe field or by following us on Twitter.  For current Covid-19 related news updates please read more here...

Got COVID-19 "Claims": Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, Especially for Products Claiming to be Effective Against Coronavirus
Hunton Andrews Kurth LLP, November 2020

In the age of COVID-19, demand for surface wipes, sprays and similar products is at record levels. Retail stores have struggled to keep supplies stocked and shelves may once again be emptied when the winter flu season arrives. If schools and businesses reopen concurrently, the prospects of securing these products becomes even bleaker, which may re-fuel consumer stockpiling...

'Green Marketing': New Commerce Commission Guidelines
MinterEllisonRuddWatts, November 2020

Consumers are increasingly considering the environment when making purchasing decisions withmany prepared to pay a premium. It is no wonder that environmental claims are a priority focusarea of the Commerce Commission. Since 1 July 2017, the Commerce Commission has received 94 complaints about environmentalclaims that relate to the Fair Trading Act 1986 (FTA) mostly alleging that claims could not besubstantiated and/or that the performance characteristics are false or misleading...

Round and Round Florida (and Georgia) Go: An Update on the Florida-Georgia Water Wars
Bradley Arant Boult Cummings LLP, November 2020

For most of the last three decades, Florida, Georgia, and Alabama have waged a multifront water war, filing cases in federal courts across the United States. This war, and these cases, turn on apportionment of two river basins: the Apalachicola-Chattahoochee-Flint (ACF) River Basin and the Alabama-Coosa- Tallapoosa (ACT) River Basin. At the heart of this legal tug of war lie competing uses—and visions—for the basins...

Get Right with OSHA on COVID-19 or Get Fined
Bradley Arant Boult Cummings LLP, October 2020

Most employers are familiar with the role of the Occupational Safety and Health Administration (OSHA) in enforcing standards to ensure that the working men and women in the United States have a safe and healthy workplace. The current COVID-19 pandemic has presented new challenges to OSHA for reviewing how employers are protecting their employees...

Environment, São Paulo - New Municipal Waste Take Back Rule
Veirano Advogados, October 2020

On October 01, 2020, Law No. 17...

Resource Management Reform: Greater Integration of Maori Perspectives
MinterEllisonRuddWatts, September 2020

Many are aware that in July the Resource Management Review Panel (Panel) suggested a suite of reforms that include repealing the Resource Management Act 1991 (RMA) and replacing it with a new Natural and Built Environments Act (NBEA) and a new Strategic Planning Act (with spatial plans), a new Managed Retreat and Climate Change Adaptation Act. Our summary of the reforms is available online...

Resource Management Reform: Incentivising Environmental Outcomes Through Economic Tools
MinterEllisonRuddWatts, September 2020

Many are aware that in July the Resource Management Review Panel (Panel) suggested a suite of reforms that include repealing the Resource Management Act 1991 (RMA) and replacing it with a new Natural and Built Environments Act (NBEA), a new Strategic Planning Act (with spatial plans) and new Managed Retreat and Climate Change Adaptation Act. Our summary of the reforms is available online...

Resource Management Reform: Proposals for Greater Enforcement and Transparency
MinterEllisonRuddWatts, September 2020

Many are aware that in July the Resource Management Review Panel (Panel) suggested a suite of reforms that include repealing the Resource Management Act 1991 (RMA) and replacing it with a new Natural and Built Environments Act (NBEA), a new Strategic Planning Act (with spatial plans) and new Managed Retreat and Climate Change Adaptation Act. Our summary of the reforms is available online...

New Zealand to Lead the World in Climate-Related Financial Disclosure
MinterEllisonRuddWatts, September 2020

Yesterday, Climate Change Minister James Shaw announced the proposed climate-related financial disclosure regime. The regime will make New Zealand the first country in the world to require the financial sector to report on climate risks.“Today is another step on the journey this Government is taking towards a low carbon future for Aotearoa New Zealand and a cleaner, safer planet for future generations,”Minister Shaw said. The media release is available online...

MBIE Opens Consultation on Proposals to Reduce Carbon Emissions in the Building and Construction Sector
MinterEllisonRuddWatts, September 2020

The Ministry of Business, Innovation and Employment (MBIE) is consulting on proposed regulatory changes to reduce carbon emissions in the building and construction sector whichit intends to start rolling out next year...

Angola Coronavirus: Update of Public Calamity Situation Measures
PLMJ, September 2020

Presidential Decree no. 229/20 of 8 September 2020 has been published and its aim is to reassess the measures imposed by Presidential Decree no. 142/20, considering the evolution of the epidemiological situation. The new decree renews most of the measures already in force, although it also eases some restrictions...

Coronavirus Digest No. 4: Patents and Other Intellectual Property Rights
PLMJ, September 2020

Coronavirus Digest no. 4 Patents and other intellectual property rights 1. Patents Moderna reveals that it may not hold the patent rights for the vaccine against Covid-19, because it was not the first to file the patents. This came after the US National Institute of Health claimed co-ownership of the rights to this vaccine. Read more here...

Some Relief for Generators of Retail Hazardous Waste in Sight
Buchalter, September 2020

On September 1, the California legislature sent to the Governor amendments to California’s Hazardous Waste Control Law. Once signed by the Governor, AB 2920 will allow retail hazardous waste to be shipped on a “consolidated manifest.” This simplified procedure has been available for specific types of hazardous waste such as used oil, but this is the first time it has applied a broad, general category such as “retail hazardous waste...

 

 

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