July 2017
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Renegotiation of NAFTA Includes Environmental Considerations
The Trump Administration signaled its plans to renegotiate the 1994 North American Free Trade Agreement (NAFTA) by issuing the Summary of Objectives for the NAFTA Renegotiation this month. President Trump committed to renegotiate NAFTA in order to obtain more open, equitable, secure, and reciprocal market access with our two largest export markets in Canada and… Continue reading
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EPA’s AAI Requirement References Updated ASTM AAI Standard
EPA issued a direct final rule to amend the requirements for conducting All Appropriate Inquires (AAI) to qualify for the Bona Fide Prospective Purchaser (BFPP) defense under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The direct final rule allows for the use of ASTM International E2247-16, Standard Practice for Environmental Site Assessments: Phase… Continue reading
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Another Speedbump for U.S. EPA—Status of U.S. EPA RMP Stay May be at Risk
Likely emboldened by the U.S. Court of Appeals decision to vacate U.S. EPA’s efforts to stay certain provisions of new source performance standards (“NSPS”) relating to fugitive methane emissions, on July 24, 2017, a coalition of 11 Democratic state attorney generals filed a Petition for Review in the D.C. Circuit challenging U.S. EPA’s June decision… Continue reading
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California Supreme Court Rules Environmental Report Need Not Address GHG Executive Order
On July 13, 2017, Judge Timothy Taylor of the Supreme Court of California issued an opinion in the case of Cleveland National Forest Foundation v. San Diego Association of Governments, no. S223603, ruling that the San Diego Association of Governments (SANDAG) did not abuse its discretion by issuing an Environmental Impact Report (EIR) for a… Continue reading
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New Climate Change Lawsuit: Publicity Stunt or Reasonable Effort to Protect California Property Owners?
On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed separate but similar environmental suits in California state court claiming that 37 oil, gas, and coal companies caused billions of dollars in climate-change related damages as a result of their extraction and sale of fossil fuels in California. The… Continue reading
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Using GRI Framework Improves ESG Disclosures
New research confirms that the quality of environmental, social and corporate governance (ESG) disclosures is greatly improved when companies use the Global Reporting Initiative (GRI) Sustainability Reporting Framework. The Governance & Accountability Institute, Inc. (G&A), the data partner for GRI, also confirms that more companies than ever before are developing and disclosing sustainability reports. Continue reading
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OSHA Proposes 5-Month Delay in Electronic Reporting Requirements
On June 28, 2017, the Occupational Safety and Health Administration (OSHA) published a Proposed Rule (82 FR 29261) to delay compliance dates in the Obama Administration’s 2016 rule titled “Improve Tracking of Workplace Injuries and Illnesses”. Continue reading
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U.S. EPA’s Stay of Methane Rule May Have Hit a “Speed Bump”
On July 3, 2017, the U.S. Court of Appeals for the District of Columbia issued an opinion which vacated U.S. EPA’s stay of certain provisions of new source performance standards (“NSPS”) relating to fugitive emissions of methane and other pollutants by the oil and natural gas industries. Continue reading
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State of the Great Lakes 2017 Highlights Report
The Governments of Canada and the United States recently released the State of the Great Lakes 2017 Highlights Report. Overall, the Report characterizes the condition of the Great Lakes as Fair and Unchanging. While progress to restore and protect the Great Lakes has been made, including the reduction of toxic chemicals, challenges remain with issues… Continue reading