On March 21, 2022, the SEC issued proposed rules that would require public companies to include extensive climate-related information in their registration statements and periodic reports. The proposed rules would require disclosure concerning climate-related risks and impacts, oversight and governance of climate-related risks, climate-related financial statement metrics, climate-related goals, and greenhouse gas emissions. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Heather M. Palmerhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngHeather M. Palmer2022-03-28 10:12:582023-09-07 15:46:54SEC Proposes Far-Reaching Rules for “Enhancement and Standardization” of Climate-Related Disclosures
On Tuesday, the U.S. Fish and Wildlife Service (Service) proposed to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in 38 U.S. states or territories, as an endangered species pursuant to the Endangered Species Act (Act). The Service’s proposed reclassification is a direct response to a federal judge’s court order requiring the Service to revisit its previous listing decision and account for the impact of white nose syndrome (WNS), a disease-causing fungal infection that ultimately results in mortality. The heightened listing for the species is very likely to affect ongoing and future development over a large geographic region, given the species’ range outside of areas affected by WNS. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Brooklyn Hildebrandthttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngBrooklyn Hildebrandt2022-03-25 09:18:292023-09-07 15:47:38U.S. Fish and Wildlife Propose to List Northern Long-Eared Bat as Endangered Species
On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Allison H. Inhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAllison H. In2022-03-24 10:02:352023-09-07 15:48:11EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements
On March 14, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed and direct final rule, which adopts the E1527-21 standard issued by the American Society for Testing and Materials (ASTM), for All Appropriate Inquiries (AAI) required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Allison H. Inhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAllison H. In2022-03-23 09:05:142023-09-07 15:48:56EPA Proposes to Adopt New American Society for Testing and Materials Standard, Including PFAS, for CERCLA Phase I All Appropriate Inquiry
Carbon capture, utilization, and sequestration (CCUS) projects are gaining momentum as an important pathway to achieving both private- and public-sector climate targets. This trend is expected to accelerate with recently authorized federal funding and administration announcements. At the same time, the value proposition for CCUS may be subject to change based on government policy priorities, permitting processes, and potential permanence challenges, among other factors. So what lies ahead for carbon capture? (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Heather M. Palmerhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngHeather M. Palmer2022-03-22 09:01:222023-09-07 15:49:54What Lies Ahead for Carbon Capture – Environmental and Subsurface Perspectives for CCUS
Last week, the U.S. Environmental Protection Agency (EPA) took two actions related to mobile source emissions under the Clean Air Act that represent the agency’s continued focus on transportation, climate change, and environmental justice.
On March 7, 2022, EPA announced newly proposed emission standards for heavy-duty vehicles and engines, which would apply starting in model year 2027. The proposed standards would reduce allowed emissions of nitrogen oxides from heavy-duty gasoline and diesel engines and set more stringent greenhouse gas standards for certain commercial vehicle categories. Beyond numerical reductions in emissions, the rule also indicates EPA’s broader shift in focus to environmental justice. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2022-03-17 15:01:112023-09-07 15:50:34EPA Announces New Actions Affecting Emissions From Mobile Sources
In February 2022, the U.S. Department of the Treasury Federal Insurance Office (FIO) announced that it would be joining the Network of Central Banks and Supervisors for Greening the Financial System. FIO intends to address climate-related financial risks and their effects on the insurance sector. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Allen S. Braddockhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAllen S. Braddock2022-03-10 11:20:342023-09-07 15:51:01U.S. Treasury’s Federal Insurance Office Eyes Climate Risk Factors in the Insurance Sector
On March 4, 2022, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of the U.S. Fish and Wildlife Service (FWS) in Friends of Animals v. U.S. Fish and Wildlife Service and FWS’ experimental plan that authorizes certain individuals to kill barred owls, a species of owls that has encroached on the northern spotted owls’ habitat. Primarily in the Pacific Northwest, the northern spotted owl has been listed as a threatened species under the Endangered Species Act (ESA) since June 26, 1990. 55 Fed. Reg. 26114. On December 15, 2020, FWS released its 12-month finding for the northern spotted owl that precluded reclassifying the species from threatened to endangered. (more…)
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Allen S. Braddockhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAllen S. Braddock2022-03-09 09:26:202023-09-07 15:51:52Ninth Circuit Approves U.S. Fish and Wildlife Service’s Barred Owls vs. Spotted Owls Experiment
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SEC Proposes Far-Reaching Rules for “Enhancement and Standardization” of Climate-Related Disclosures
On March 21, 2022, the SEC issued proposed rules that would require public companies to include extensive climate-related information in their registration statements and periodic reports. The proposed rules would require disclosure concerning climate-related risks and impacts, oversight and governance of climate-related risks, climate-related financial statement metrics, climate-related goals, and greenhouse gas emissions. (more…)
Heather M. Palmer
Houston
hpalmer@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Evan Grosch
Houston
egrosch@sidley.com
U.S. Fish and Wildlife Propose to List Northern Long-Eared Bat as Endangered Species
On Tuesday, the U.S. Fish and Wildlife Service (Service) proposed to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in 38 U.S. states or territories, as an endangered species pursuant to the Endangered Species Act (Act). The Service’s proposed reclassification is a direct response to a federal judge’s court order requiring the Service to revisit its previous listing decision and account for the impact of white nose syndrome (WNS), a disease-causing fungal infection that ultimately results in mortality. The heightened listing for the species is very likely to affect ongoing and future development over a large geographic region, given the species’ range outside of areas affected by WNS. (more…)
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements
On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. (more…)
Allison H. In
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Proposes to Adopt New American Society for Testing and Materials Standard, Including PFAS, for CERCLA Phase I All Appropriate Inquiry
On March 14, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed and direct final rule, which adopts the E1527-21 standard issued by the American Society for Testing and Materials (ASTM), for All Appropriate Inquiries (AAI) required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (more…)
Allison H. In
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
What Lies Ahead for Carbon Capture – Environmental and Subsurface Perspectives for CCUS
Carbon capture, utilization, and sequestration (CCUS) projects are gaining momentum as an important pathway to achieving both private- and public-sector climate targets. This trend is expected to accelerate with recently authorized federal funding and administration announcements. At the same time, the value proposition for CCUS may be subject to change based on government policy priorities, permitting processes, and potential permanence challenges, among other factors. So what lies ahead for carbon capture? (more…)
Heather M. Palmer
Houston
hpalmer@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Announces New Actions Affecting Emissions From Mobile Sources
Last week, the U.S. Environmental Protection Agency (EPA) took two actions related to mobile source emissions under the Clean Air Act that represent the agency’s continued focus on transportation, climate change, and environmental justice.
On March 7, 2022, EPA announced newly proposed emission standards for heavy-duty vehicles and engines, which would apply starting in model year 2027. The proposed standards would reduce allowed emissions of nitrogen oxides from heavy-duty gasoline and diesel engines and set more stringent greenhouse gas standards for certain commercial vehicle categories. Beyond numerical reductions in emissions, the rule also indicates EPA’s broader shift in focus to environmental justice. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Marshall R. Morales
U.S. Treasury’s Federal Insurance Office Eyes Climate Risk Factors in the Insurance Sector
In February 2022, the U.S. Department of the Treasury Federal Insurance Office (FIO) announced that it would be joining the Network of Central Banks and Supervisors for Greening the Financial System. FIO intends to address climate-related financial risks and their effects on the insurance sector. (more…)
Allen S. Braddock
abraddock@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Ninth Circuit Approves U.S. Fish and Wildlife Service’s Barred Owls vs. Spotted Owls Experiment
On March 4, 2022, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of the U.S. Fish and Wildlife Service (FWS) in Friends of Animals v. U.S. Fish and Wildlife Service and FWS’ experimental plan that authorizes certain individuals to kill barred owls, a species of owls that has encroached on the northern spotted owls’ habitat. Primarily in the Pacific Northwest, the northern spotted owl has been listed as a threatened species under the Endangered Species Act (ESA) since June 26, 1990. 55 Fed. Reg. 26114. On December 15, 2020, FWS released its 12-month finding for the northern spotted owl that precluded reclassifying the species from threatened to endangered. (more…)
Allen S. Braddock
abraddock@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
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Sidley Partner Justin Savage to Co-Chair the 2025 Summit on EV Battery Supply Chain and Compliance
Sidley partner and Environmental practice co-leader Justin Savage will serve as co-chair for the upcoming Battery Supply Chain and Compliance Summit hosted by the American Conference Institute (ACI) on March 20, 2025 in Chicago, IL.
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