Nov 30, 2021 EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts By Jeff Porter The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks...
Nov 23, 2021 Now that you mention it, why don't we have a "Comprehensive National Wetland Protection Act"? By Jeff Porter The Dean of Environmental Law bloggers, Seth Jaffe, does me the honor of a thoughtful response to my concern about whether EPA's and the...
Nov 23, 2021 SEC Rule Change to Clear Path for Investors on Corporate Boards By Joel I. Papernik The proxy rule changes coming into effect after the coming proxy season are thought to have the effect (possibly intended) of making it...
Nov 19, 2021 New York State Department of Financial Services Issues Guidance to Insurers Concerning Climate Change By Jacob H. Hupart The New York State Department of Financial Services ("DFS")--one of the primary state regulatory authorities in New York--has now issued...
Nov 19, 2021 Rating Agency Identifies Increased Use of ESG Metrics in Credit Agreements By Jacob H. Hupart Fitch Ratings, one of the three major credit rating agencies, recently issued a report noting the increasing use of ESG metrics in credit...
Nov 19, 2021 We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be disappointed! By Jeff Porter EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next...
Nov 18, 2021 What are Courts supposed to do when the Executive Branch says it is incapable of doing its job? By Jeff Porter This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn...
Nov 17, 2021 Another State Proposes a PFAS Limit While EPA Tries to Catch Up By Jeff Porter Bloomberg Environment reports the Commonwealth of Pennsylvania will set a drinking water limit for two of the thousands of "forever...
Nov 16, 2021 Biden Billions for PFAS in Drinking Water By Jeff Porter The monumental infrastructure bill that President Biden signed yesterday will send $10 billion to the States to pass on to drinking water...
Nov 12, 2021 New Standard-Setting Body for Climate Change Disclosures Announced at Glasgow Climate Change Conference By Jacob H. Hupart The International Financial Reporting Standards Foundation, the non-profit foundation that oversees the International Accounting...
Nov 08, 2021 Can we please stop falling back? By Jeff Porter My friend, Sam Gutter, writes this morning about the Sunshine Protection Act, federal legislation that would make Daylight Savings Time a...
Nov 08, 2021 SEC Rescinds Trump-era Policy By Joel I. Papernik Many of us are beginning to think about and plan for the 2022 proxy statement season. The Securities and Exchange Commission has revised...
Nov 05, 2021 OSHA Issues New Emergency Guidance Covering Private Sector Employers By Paul Huston Yesterday OSHA issued its long-awaited Emergency Temporary Standards. The ETS requires all employers across the country with 100 or more...
Nov 05, 2021 SEC Determines That Shareholder Climate Change Proposals Should Not Be Excluded By Jacob H. Hupart This week, the SEC issued a new staff legal bulletin concerning shareholder proposals, which stated, as a matter of SEC policy, that...
Nov 03, 2021 Supreme Court May Limit EPA's Power to Regulate Carbon Emissions By Jacob H. Hupart The Supreme Court recently agreed to hear an appeal of the D.C. Circuit's decision to strike down Trump-era restrictions--which were...
Nov 03, 2021 UK Publishes New Climate Disclosure Requirements By Jacob H. Hupart The United Kingdom recently published "Greening Finance: A Roadmap to Sustainable Investing." This document reflects and incorporates a...