On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future registration statements and annual reports (Final Rule). The stay responds to litigation filed in the Fifth and Eighth Circuit Courts of Appeals seeking judicial review of the Final Rule. The stay, according to the Order, will facilitate orderly judicial resolution of the large number of petitions filed for review of the Final Rule. The stay also avoids potential regulatory uncert ..read more

The National Marine Fisheries Service (“NMFS”) and the U.S. Fish and Wildlife Service (“USFWS”) (together, the “Services”) have released three final rules related to implementation of the Endangered Species Act (ESA). The rules are available on USFWS’s website and are expected to be published in the Federal Register in the coming days. The Services have revised their joint regulations on interagency consultations (also known as ESA Section 7 consultations) and regulations related to listing and delisting species and designating critical habitat. In addition, USFWS has again revised how it exte ..read more

The Security and Exchange Commission (SEC or Commission) finalized its climate change disclosure rule on March 6, 2024, reducing the final disclosure obligations from the initial proposal after thousands of comments from stakeholders. The final rule requires comprehensive and standardized climate-related disclosures, including disclosure on governance, business strategy, targets and goals, GHG emissions, risk management, and the effects of climate change on financial metrics. This additional disclosure is intended to help investors assess material risks in climate-related reporting and facilit ..read more

Originally posted by the American College of Environmental Lawyers, November 9, 2023. On November 3, 2023, the White House Council on Environmental Quality (CEQ) released a playbook for federal agencies to develop their Environmental Justice Strategic Plans, Strategic Planning to Advance Environmental Justice. This tool provides a ‘how to guide’ for federal agencies working to address longstanding environmental injustices and inequities. Each federal agency is required by Executive Order 14096, signed in April 2023, to submit an EJ strategic plan to CEQ. The new template simplifies t ..read more

California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks.  Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands state GHG emissions reporting requirements to large U.S. companies doing business in California.  SB 261 requires biennial disclosure of climate-related financial risks. SB 253 – The Climate Corporate Data Accountability Act California’s new corporate GHG emissions disclosure law considerably broadens the state’s current mandatory GHG reporting – expanding bo ..read more

The U.S. Environmental Protection Agency (EPA) has announced a new rule concerning per- and polyfluoroalkyl substances (“PFAS”). Companies that have made or brought products containing these chemicals into the U.S. since 2011 need to report certain information to the EPA. This rule mainly affects those who make or import items that have PFAS in them. The deadline for most companies to report is May 8, 2025. Key Points: What are PFAS? PFAS are a group of synthetic chemicals that can be found in a wide array of industrial and consumer products. PFAS have been found to have negative environ ..read more

Introduction On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden Administration’s revisions to the regulations that implement the National Environmental Policy Act (“NEPA”). NEPA imposes a procedural requirement that does not mandate outcomes, only informed decision making. Despite its procedural nature, NEPA is one of the primary mechanisms for project opponents to challenge projects and is the most litigated federal sta ..read more

On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme Court held that the 1868 treaty establishing the Navajo Reservation (the “Treaty”) “did not require the United States to take affirmative steps to secure water for the [Navajo Nation].” Among other things, the Court closed the door on the Navajo Nation’s ability to secure an affirmative accounting of its reserved water rights through a lawsuit directly against the fede ..read more

On May 24, 2023, Minnesota became the latest state to impose significant restrictions on perfluoroalkyl and polyfluoroalkyl substances (PFAS) when Governor Tim Walz signed HF 2310.  In this blog post, we examine some of the critical questions surrounding the new law. What does the new law do? Headlining the new law is a ban on the sale, offer for sale, or distribution for sale of certain products that contain intentionally added PFAS.  This ban will be rolled out in two stages.  Initially, beginning on January 1, 2025, a person may not sell, offer for sale, or distribute for sal ..read more

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State Water Board is currently accepting public comments on a limited set of revisions to the draft Construction Stormwater General Permit, has noticed one last public workshop to discuss the contents of the proposed Permit, and has scheduled a hearing to consider adoption of the proposed Permit.  Important dates are as follows: Tuesday, August 9, 2022 at 9:00 a.m ..read more