A new global paradigm for global climate action

President Elect Joseph R. Biden comes to office with what has, correctly, been called a “transformational” plan for action to curb climate change and to cope with its unavoidable consequences.

The cornerstone of his policy1 — officially called the Biden Plan for a Clean Energy Revolution and Environmental Justice — is to recommit the United States to the Paris Agreement on climate change, and to set a target for the US to achieve net-zero carbon emissions by 2050. That target is generally accepted as being in line with the goals of the Paris Agreement on climate change which seeks to limit global climate heating to well below 2 degrees Celsius above pre-industrial levels, and ideally, to keep it closer to 1.5 degrees.2

As companies increase their environmental, social and governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance and…

As companies increase their environmental, social, governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance…

On June 4, 2020, President Trump signed a new Executive Order (“EO”) aimed at accelerating the initiation and completion of infrastructure projects to spur on the United States’ economic recovery from the COVID-19 pandemic.1 At the heart of this latest EO is a mandate to expedite required environmental reviews for…

Companies must be diligent to ensure that any facility restart is being implemented in compliance with applicable environmental requirements.  While there has been some guidance at the federal and state level providing enforcement discretion for non-compliance and identifying circumstances where noncompliance will not be punished, compliance with permits and environmental regulations is expected even when circumstances have made it difficult because of COVID-19.  Further, those policies have been criticized and challenged by environmental NGOs and some states, and companies should exercise caution when relying on them.

Earlier this week, we provided guidance on the development of an “Environmental Action Plan” to address potential environmental regulatory and compliance challenges arising from the COVID-19 crisis. Our recommendations included – in the context of limited or unavailable EHS staff or resources and in response to plant shutdown orders –…

The ever-evolving COVID-19 crisis continues to pose significant challenges for industrial enterprises across the United States. Until very recently, the engines of industry continued to hum while the broader world wrestled with this unprecedented public health crisis. However, with growing constituencies across the public and private sector calling for more…

In today’s complex and uncertain world, focusing on near-term shareholder value alone is no longer enough to ensure long-term business success. Sustained value creation requires companies to manage business performance to ensure that sustainability matters that affect business value are addressed. We’re delighted to assist the World Business Council for…

The U.S. Court of Appeals for the District of Columbia Circuit affirmed its April 14, 2014 decision in National Association of Manufacturers v. SEC upholding in part and invalidating in part the SEC’s conflict minerals disclosure rule.

On December 10, 2014, the U.S. Environmental Protection Agency (“EPA”) issued its long-awaited revisions to the definition of solid waste rule (“Final DSW Rule”) under the Resource Conservation and Recovery Act (“RCRA”). The Final DSW Rule scales back certain important RCRA recycling exemptions that were first promulgated as part of…