In this episode of Legal Food Talk, host Justin Prochnow welcomes colleague Will Wagner back to Greenberg Traurig and back to the Legal Food Talk podcast! As one of the only repeat guests on Legal Food Talk, Will joins Justin to discuss what has changed in the last three years regarding environmental compliance for food
Energy
California Modifies Timetable for Implementation of Climate Disclosure Laws
On Sept. 27, 2024, Gov. Gavin Newsom signed into law Senate Bill (SB) 219, delaying implementation of California’s emissions and climate-related financial risk corporate disclosure laws. As we reported in a previous GT Alert, SB 219 amends some of the California Air Resources Board (CARB)’s requirements for implementing SB 253 and SB 261.…
Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development
The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of EVs are fully realized. The EV industry has reached a critical tipping point at which the widescale…
Federal Gas Flaring Rule Enjoined by District Court
Once again, a federal district court has enjoined enforcement of a rule implemented by a wayward federal agency as it governs oil and gas activities. This one is North Dakota, et al v. US Department of Interior, et al. from the District of North Dakota.
The Department of the Interior implemented the Waste Prevention, Production…
Protecting Energy Project Buyout Rights From Developer Bankruptcy
Energy development contracts commonly permit landlords (on whose land the energy project is constructed) a buyout right with respect to the project, often for a nominal payment… but that right isn’t guaranteed in the event of the developer’s bankruptcy. …
Mexico’s Mining Sector on Alert After Sheinbaum Releases ‘100 Steps for Transformation’ Plan
Mexico President-Elect Claudia Sheinbaum will not grant new open-pit mining concessions during her administration, according to her “100 Steps for Transformation” (Plan), published in July. The Plan also states that existing concessions will be evaluated and may continue, provided that they have the public’s approval and do not impact the environment (step 8 of the…
Texas Surface Owner Denied the Right To Buried Pipeline
Unitex WI LLC v. CT Land and Cattle Company LLC rejected the surface owner’s effort to force the mineral lessee to bury a pipeline below plow depth. Surface owner CT’s claim was based on a mineral lease signed by former owner Fuller in 1948. CT had acquired the surface from Senns, who acquired it…
Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities
On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in…
EJ Analysis Remains Part of Louisiana’s Public Trust Duty
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.…
What Does It Take to ‘Incur’ a Cleanup Cost Under CERCLA?
The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate decision, to be sure unreported and therefore not binding, raises the interesting question of what a person must do to “incur” a cost. The person…