06 Nov, 2024 Let's Circle Back (and eFile) after the Holidays By Sherwet Witherington Charles A. Samuels The Consumer Product Safety Commission launched its eFiling Beta Pilot a little over a year ago. Non-pilot participants were invited to...
01 Nov, 2024 EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court By Jeff Porter Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act...
22 Oct, 2024 SEC Fines Investment Adviser $4 Million for Improper Labeling of ESG Funds By Jacob H. Hupart On October 21, 2024, the SEC imposed a fine of $4 million on investment adviser WisdomTree Asset Management Inc. for improperly labeling...
16 Oct, 2024 Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San Francisco v. EPA? By Jeff Porter Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United...
11 Oct, 2024 State Court Rules California Has Jurisdiction Over Fossil Fuel Companies In Connection With Climate Change Lawsuits By Jacob H. Hupart Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking...
10 Oct, 2024 Alleged Carbon Markets Fraud Leads to Criminal Charges By Jacob H. Hupart The U.S. Attorney's Office for the Southern District of New York recently launched a criminal prosecution in connection with “a scheme to...
10 Oct, 2024 Hawaii Supreme Court Rules That Insurance Policies Do Not Cover Fossil Fuel Companies' Climate Change Damages Caused by Greenhouse Gas Emissions By Jacob H. Hupart This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the...
02 Oct, 2024 Multinational Patent Deal Complications By Michael McNamara Entering into a patent purchase transaction is complicated. Not surprisingly, purchasing assets that include Chinese originated...
02 Oct, 2024 California Governor Newsom Signs Bill Re-Affirming 2026 Start Date for Climate Disclosures By Jacob H. Hupart This summer, California Governor Newsom had proposed that California delay the implementation date of its climate disclosure law for two...
01 Oct, 2024 Missouri Abandons Appeal of Court Decision Striking Down State Anti-ESG Rules By Jacob H. Hupart Last month, a federal district court struck down Missouri's anti-ESG rules that would prohibit investment advisors from utilizing ESG...
27 Sep, 2024 Minnesota Federal Court Says Greenwashing Claims Concerning Consumer Products Can Proceed By Jacob H. Hupart On September 25, 2024, the federal district court in Minnesota denied Target Corp.'s motion to dismiss a consumer-fraud action against it...
19 Sep, 2024 Recent Greenwashing Litigation Focuses on Consumer Products By Jacob H. Hupart Over the past couple of weeks, there have been a pair of greenwashing lawsuits filed--by both private plaintiffs and government...
19 Sep, 2024 Texas Sued By Environmental Group For Anti-ESG Law By Jacob H. Hupart On September 1, 2021, the State of Texas enacted a law (SB 13) that constitutes one of the most far-reaching anti-ESG laws among the...
17 Sep, 2024 California Legislature Refuses to Extend Deadline for Compliance with Climate Disclosure Laws By Jacob H. Hupart Recently, Governor Newsom proposed that California delay the implementation of its recently-enacted climate disclosure laws for two...
13 Sep, 2024 SEC Disbands ESG Task Force By Jacob H. Hupart It has been reported that the Securities & Exchange Commission has disbanded its Climate & ESG Task Force. This same task force had been...
03 Sep, 2024 Winning by losing. The strategy of the NIMBYs and others trying to thwart wind energy. By Jeff Porter Allie Reed of Bloomberg Law has published a thought-provoking piece on the effect of legal challenges to offshore wind projects and the...