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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...

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...

'Middle Instances' of the Clean Water Act Indirect Discharges Need NPDES Permits Too... Sometimes
Bradley Arant Boult Cummings LLP, September 2020

For the past decade or so, the regulated community and federal courts alike grappled with the outer reaches of the Clean Water Act (CWA) point source permitting program. The core of the program—the National Pollutant Discharge Elimination System (NPDES)—is clear enough. Under the NPDES program, discharges from point sources to navigable waters (what qualifies as “navigable waters,” i.e...

The Latest from the Supreme Court on Point Source Pollution and the Clean Water Act
Bradley Arant Boult Cummings LLP, September 2020

A wastewater facility on the island of Maui, Hawaii, collects sewage, treats it, and pumps the treated water through underground wells. The water then travels half a mile, through groundwater, into the Pacific Ocean. Must the facility possess an EPA permit to do this? In April, the Supreme Court of the United States answered this question with a rather drawn-out "maybe...

Supreme Court of California Weighs In on Blanket Categorization of Well Construction Permit Approvals as Ministerial
Hanson Bridgett LLP, September 2020

Key Points A permitting agency's blanket designation of an entire category of permit decisions as ministerial for purposes of the California Environmental Quality Act (CEQA) may be held to be improper if the agency has the ability to modify or deny the permit based on any concern that may be examined under CEQA review. Courts will afford a larger degree of deference to an agency’s designation of a single permit decision as ministerial on a case-by-case basis...

The Green Recovery – Coronavirus, Climate Change and the Dangers of Complacency
Shepherd and Wedderburn LLP, August 2020

Article previously published in insider.co.uk Why are we not treating climate change like the pandemic? The COVID-19 pandemic has received 24/7 media coverage across the globe, and with good reason. Coronavirus has had a catastrophic impact, claiming the lives of hundreds of thousands of people, devastating our economies and materially changing the lives of millions as we try to adapt to the profound societal changes it has inflicted...

The Hong Kong Money Authority (HKMA)’s Guidance for banks on Climate Risk Practices
Deacons, August 2020

The Hong Kong Money Authority (HKMA) published a White Paper on 30 June 2020 to set out its recommendations and supervisory expectations on green and sustainable banking around four areas: governance, strategy, risk management and disclosure. The HKMA advised AIs which are subsidiaries of international banks to assess relevance of any parent bank’s climate policy in the context of its Hong Kong operations and ensure that local specialties are addressed...

APLMA/LMA/LSTA Joint Guidance Papers on Green Loan Principles and Sustainability Linked Loan Principles
Deacons, August 2020

In May 2020, the Asia Pacific Loan Market Association (APLMA), the Loan Market Association (LMA) and the Loan Syndications and Trading Association (LSTA) jointly published two guidance papers on green loan principles and sustainability linked loan principles, seeking to address some of the most frequently asked questions about green loans and sustainability linked loans (SLLs)...

With the Benefit Comes the Burden: Does the Duty of Care owed by a Shipowner extend to the Vessel's Demolition even after Sale?
Haynes and Boone, LLP, July 2020

The High Court has left the door open for a negligence claim to be pursued against a UK company on behalf of a shipyard worker who fell to his death dismantling an oil tanker at a Bangladeshi yard.1 The vessel had been sold to a buyer on terms requiring it to be scrapped in an environmentally sound manner and in accordance with good health and safety practices...

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...

 

 

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