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Court of Appeal Upholds State Boards 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...

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...

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

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

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...

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 Post Coronavirus Mining Potential
Beccar Varela, May 2020

This article aims to analyze the state of the Argentine mining industry, its growth potential, and briefly comment on certain situations in the current legal-regulatory system, which could be improved to accelerate its post-quarantine development. 1. The economic and mining situation in Argentina pre COVID-19 In Argentina, the pandemic has motivated the issuance of preventive and mandatory social isolation measures (the "Quarantine")...

Weekly COVID-19 Summary
Beccar Varela, May 2020

This summary draws together Beccar Varela’s reports on the coronavirus (COVID-19) legal news which may affect corporate law in Argentina. This edition brings together the reports sent between 05.02.2020 and 05.08.2020. Our COVID-19 Resource Center provides shortcuts to our circulars and links to relevant external websites. We have established a work team to coordinate attention to specific queries about how COVID-19 can affect business continuity...

The Marijuana Industry is Ripe for Enforcement Under Prop. 65
Buchalter, May 2020

On May 5, 2020, two (2) relatively rare notices of violation involving marijuana smoke were filed with the California Department of Justice. I refer to them as rare, because in the one year period prior to these notices (May 1, 2019-May 8, 2020), there have only been four (4) notices of violation filed involving marijuana smoke. That is a miniscule number considering there were two thousand four hundred and ten (2,410) 60- day notices of violation filed in 2019...

Sanipes Issues Preventive Measures in Fishing and Aquaculture Inrastructures to Face COVID-19
Rodrigo, Elias & Medrano Abogados, May 2020

The Ministry of Production (Produce), through the National Fisheries Health Agency (Sanipes), issued a guide with preventive measures to be implemented by operators of fishing and aquaculture infrastructures during the exercise of their activities against the expansion of COVID -19...

Legislative Decree 1476: New Obligations for Private Schools are Established
Rodrigo, Elias & Medrano Abogados, May 2020

Legislative Decree No 1476 (hereinafter referred to as the Legislative Decree) was published on May 05 2020. This Legislative Decree, through which - as expressly established - the aim would be to guarantee the transparency of information in the provision of services provided by private educational institutions (hereinafter referred to as Schools), to enable users of said services to make an appropriate and timely decision on such services...

Semarnat Publishes Accords by Means of which it Extends the Suspension of Terms for Purposes of Acts and Administrative Procedures due to the Pandemic
Basham, Ringe y Correa, S.C., May 2020

In April 2020, SEMARNAT published the Accord by means of which the public is made aware of the days that will be considered as non-business days for purposes of the acts and administrative procedures...

Report of the Department of Environmental Law: Valid Certificates, Presentations, Extension of Attention to the Public
Beccar Varela, May 2020

The President of the Environmental Protection Agency of the Autonomous City of Buenos Aires (“APrA”), through resolution No 106/2020. ordered (i) To extend, for a period of ninety consecutive days, the validity of the certificates and the corresponding presentations to the administrative processes, whose maturities operate between March 16 and May 31, 2020...

Navigable Waters Protection Rule (formerly the Clean Water Rule)
Spilman Thomas & Battle, PLLC, May 2020

On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what has been generally known for some time as the Clean Water Rule is replaced with the Navigable Waters Protection Rule. Just the name change suggests a new emphasis in implementing the Clean Water Act...

Subsecretary of Fishing and Aquaculture Extends Plantation Terms and Provides Recommendations to Operate
Carey, May 2020

In the context of COVID-19, the Undersecretary of Fishing and Aquaculture (Subpesca) issued Resolution No. 1068 (Res. 1068), which provides the extension in a month, of the terms for sanitary rests and harvest regulated in articles 23 Ñ and 23 R of Supreme Decree No. 319/2001, Sanitary Regulation for Aquaculture, in all farming centers. Recommendations In addition, by means of Res...

 

 

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