The Energy Law Blog

DECEMBER 27, 2023

3 during periods of startup and shutdown cannot be sufficiently tied to particular, specific categories of affected sources to ensure the work practices serve to limit emissions from the particular category and are practically enforceable.” After noting that LAC 33:III.2201.K 85112 (December 7, 2023).

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Arnold Porter

JUNE 2, 2021

Ninety-eight attorneys were ranked as "Leading Individuals" across the categories. Financial Services Regulation: Banking (Compliance). Financial Services Regulation: Banking (Compliance). Financial Services Regulation: Banking (Enforcement & Investigations). Food & Beverages: Regulatory & Litigation.

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The Energy Law Blog

MAY 9, 2022

The proposals expand the universe of what must be disclosed as well as the information required within each category of disclosures. Litigation between companies and their vendors, suppliers, and/or other entities they do business with could increase – based, in part, on the Scope 3 emissions framework described below.

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E2 Law Blog

MAY 26, 2023

Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. Finally, it states that a third category (category C), consisting of wetlands “adjacent” to traditional navigable waters, is “includ[ed]” within B. EPA , 598 U.S. at __ (slip op. at (slip op.

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Smith Enviorment

OCTOBER 30, 2023

Stay tuned for future litigation over those determinations. The reference to ‘‘interstate wetlands’’ as a stand-alone category of jurisdictional wetlands has been removed. The Sackett standard appears to eliminate federal jurisdiction over ephemeral streams that flow only in response to precipitation.

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E2 Law Blog

JUNE 13, 2022

The annual Guide once again recognized the Environmental Practice in the following categories: Dispute Resolutions > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Industry Focus > Energy Regulation: Conventional Power. Industry Focus > Environment Litigation. Christopher L. Adam Kirschbaum.

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Acoel

MAY 28, 2021

The emerging contaminants such as PFAS and 1,4 dioxane, are regulated or soon to be regulated substances which will be considered public health and potential environmental risks at part per trillion concentrations.

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Union of Concerned Scientists

JUNE 2, 2022

The rule also bases its emissions disclosure standards on the Greenhouse Gas (GHG) Protocol, which classifies emissions in three categories. Stronger steering by regulators and policymakers has the potential to close this gap.”. For investors concerned about climate change, it doesn’t get more material than that!

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Law of the Lands

DECEMBER 17, 2019

Most often in an effort to avoid taxes or other financial obligations, OPCA litigants argue that they are a double or split person – one part being a physical human being and the other being a non-physical legal person or “juristic person”. In an oft-cited case called Meads v. Meads , Associate Chief Justice J.D. Rooke A.C.J.

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Law Columbia

FEBRUARY 10, 2020

The creation of these “ low traffic zones ,” or LTZs , can take a number of different forms, including, most prominently, (1) bans on one or more categories of vehicles and (2) fees or tolls that may be charged to all vehicles equally or made applicable only to certain classes of vehicles. An increasing number of U.S.

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Clean Air Act Law Government Technology 52

Ivy Protocol

JULY 25, 2023

Mitigating Reputation and Litigation Risks in the VCM Unambiguous carbon claims are not only crucial for guiding customers but also play a vital role in attracting investors. They help safeguard the reputation and avert climate litigation, giving companies a safe and legitimate path for engaging with the VCM. 3 Claim deceptiveness.

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Law Columbia

SEPTEMBER 15, 2020

Transmission lines are, like generation facilities, often held up by litigation. Construction and operation of an interstate natural gas pipeline requires a certificate of public convenience and necessity from the Federal Energy Regulation Commission (“FERC”) under Section 7 of the Natural Gas Act. The following day the U.S.

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Law Columbia

DECEMBER 15, 2023

In the global effort to protect the earth’s climate, the pace of regulation is rivaled only by the speed of technological innovation. While the SEC’s climate disclosure rules are pending, and will probably face litigation when final, regulations from other agencies and jurisdictions are likely to affect U.S.

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Arnold Porter

SEPTEMBER 1, 2021

Sponsors, target companies, their respective directors and officers, and their investment banks would be well advised to anticipate the likelihood of increasing and enhanced scrutiny of SPACs by the plaintiffs’ bar and regulators. ” 57 Fed. at 18,040 (Apr. 28, 1992) (emphasis added).

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Arnold Porter

JANUARY 21, 2022

Criminal convictions involving the procurement process are specifically addressed by the governing regulations. Such suits can result in protracted litigation and significant financial exposure. 13, 2019), [link] ; Order at 4, 5 In re Teva Securities Litigation , No. Code, Section 2393(c)(1).[[N: N: 10 U.S.C. Teva Pharm.

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Law Columbia

MAY 19, 2023

Further embracing this presidential agenda, on May 20, 2021, President Biden issued EO 14030 , entitled “Executive Order on Climate-Related Financial Risk”, the Biden administration’s declaration of policy on the possible incorporation of climate-related financial risk considerations into federal government regulations.

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Arnold Porter

NOVEMBER 4, 2021

News - Best Lawyers has named Arnold & Porter as a "Law Firm of the Year" in the "Litigation - Environmental" category. Arnold & Porter's was also named "Law Firm of the Year" in the "Environmental Law" category in 2021. Commercial Litigation. Financial Services Regulation Law. Litigation - Antitrust.

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The Energy Law Blog

AUGUST 7, 2018

In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. Exxon Mobil Corporation, et al., The court found that at the time of Mr.

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Law Columbia

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Murray Energy Corp.

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Law Columbia

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Environmental Groups Challenged Delay in Enforcement of Landfill Methane Regulations. and non-U.S.

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Law Columbia

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. The Court found that he had – the impacts of climate change would indeed engage rights that fit within the categories identified in existing case law. 1] See Common Law Claims, Sabin Center Climate Change Litigation Database (accessed Feb.

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The Energy Law Blog

JANUARY 15, 2020

Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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Arnold Porter

DECEMBER 10, 2021

N: Anti-Money Laundering Regulations for Real Estate Transactions , 86 Fed. What information should FinCEN require regarding real estate transactions covered by a proposed regulation? What are the potential burdens or implementation costs of a potential FinCEN regulation? Reg 69589 (Dec. 8, 2021) (the “ANPRM”).]]

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CEQA Developments

MARCH 9, 2022

The Project, City’s Review And Approval Process, And The Litigation. The project at issue is a multifamily development on a vacant parcel of land in the City of Santa Cruz, a portion of which has slopes in the 15+ and 30+ percent categories.

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Circle of Blue

JUNE 28, 2022

Regulators in New York require utilities to perform climate risk assessments. Supreme Court could transform federal climate regulation. Chicago’s heating ordinance already required landlords to regulate apartment building temperatures during cold weather, but it had no similar requirements when the temperature exceeds 68 degrees.

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CEQA Developments

OCTOBER 21, 2021

The central focus of the claims raised in the litigation were the transformers, required for every 8 to 14 homes, which are green boxes, roughly 3 feet cubed, placed on short concrete 4’ by 4’ pads. The Litigation. New transformers, cable boxes, and pedestals are installed above ground as necessary. County of Ventura (1979) 24 Cal.3d

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Legal Planet

MAY 15, 2023

Although the Constitution does not say so directly, the Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. The second category of cases mostly involves burdensome state regulations of railroads and long-haul trucks. This is known as the dormant commerce clause doctrine.

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Legal Planet

JUNE 8, 2023

Prior law authorized this kind of regulation but also required the agency to consider whether a particular fire involved exceptional circumstances, such as being next to a wilderness area. That means more litigation. It’s going to take time to sort out the consequences, which means more litigation.

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Energy & the Law

FEBRUARY 2, 2024

Note, the new test applies only to the DOL’s interpretation of the Fair Labor Standards Act, and you must remain cognizant of state regulations and interpretations of your state’s wage and hour rules. The new Economic Realities Test gives workers more avenues to challenge their classification and will result in increased litigation.

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Law Columbia

MAY 10, 2023

The land covered by ConocoPhillips’ NPR-A leases falls into the second category. stimulations of th[e] lease, [and] the Secretary of the Interior’s regulations and formal orders.” (It For example, BLM has previously said that ConocoPhillips’ leases entitle it to extract oil and gas resources, “subject to regulation.”

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Arnold Porter

FEBRUARY 3, 2022

As noted in a prior advisory , the disruption caused by this phenomenon led lawmakers and regulators to consider whether a legislative or regulatory response would be prudent.]]. The second category of proposed amendments would lower the threshold for reporting as a large private equity adviser from $2 billion to $1.5

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Law Columbia

JUNE 23, 2021

Litigators responded to the Trump administration’s climate deregulation agenda by filing hundreds of lawsuits across the U.S. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S. The proportion of cases from each category is shown in Figure 1 below. Each of the 378 cases was assigned one primary category.

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Climate Change Law Government 2019 80

Arnold Porter

SEPTEMBER 28, 2021

Although the guidance resolves several lingering questions, others remain and will presumably be addressed through implementing regulations issued by the Federal Acquisition Regulation (FAR) Council and agency-specific clauses for contracts and contract-like instruments not covered by the FAR. Applicability. Vaccine Mandate v.

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Government 2021 Regulations Law 52

Arnold Porter

JUNE 2, 2021

A discussion of ESG disclosures, and what the industry may expect from these other financial regulators on ESG matters under the Biden-Harris Administration, will be the subject of an upcoming Advisory. * * * * *. Financial Regulators."[[N: N: Addressing Climate as a Systemic Risk: A call to action for U.S. emphasis added).]].

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Legal Planet

OCTOBER 5, 2023

EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. Ohio and some other states argue that the waiver unconstitutionally gives California more power to regulate than it gives them. EPA to overturn Obama’s Clean Power Plan.

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Ohio Environmental Law

FEBRUARY 4, 2020

waters that are regulated under the Clean Water Act), businesses must obtain permits prior to discharging wastewater into such waters. What is the current extent of federal regulation prior to the new rule taking effect? Litigation will certainly continue. WOTUS broadly defined federally protected waters. What’s next?

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Legal Planet

JUNE 5, 2023

The short-term effects may be to complicate the agency’s task in complying with NEPA and increase litigation, neither of which is likely to be conducive to the goal of making permitting more efficient. Courts as well as CEQ will take time to work through all of the changes and determine the extent to which they change existing law.

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