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Client Alerts 12 results

Client Alert | 2 min read | 10.01.25

EPA’s New Data Center Policy Means Expedited TSCA Review of New Chemicals Related to AI and Data Center Projects

On September 18, EPA announced that it will prioritize Toxic Substances Control Act (“TSCA”) review for “new chemicals related to data centers and artificial intelligence (“AI”) projects,” in an effort to “streamline permitting and regulations to accelerate American data center development.”
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Client Alert | 2 min read | 09.30.25

CARB Issues Preliminary List of Entities Covered by California Climate Disclosure Laws

On September 24, 2025, the California Air Resources Board (“CARB”) issued a preliminary list of reporting/covered entities under California’s climate disclosure laws SB 253 (the Climate Corporate Data Accountability Act) and SB 261 (the Climate-Related Financial Risk Act) (the “Climate Disclosure Laws”) (both as modified by SB 219).
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Client Alert | 3 min read | 09.17.25

The “Climate Cartel” – U.S. State AGs Cite Antitrust and Consumer Protection Concerns to Take Aim at Domestic and International Organizations

On August 8, 2025, the Attorneys General of 23 Republican-led U.S. states (the “AGs”) sent a letter to Science Based Targets Initiative (“SBTi”), a U.K. non-profit climate organization, expressing concern with the SBTi’s climate initiatives.[1]SBTi had previously received a subpoena from Florida Attorney General James Uthmeier in connection with his office’s investigation into what he described as a “climate cartel,” which he alleges includes SBTi and CDP (formerly the Carbon Disclosure Project).[2]
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Client Alert | 7 min read | 09.08.25

California’s Climate Disclosure Laws Continue to Roll Forward

In 2023, California passed two landmark laws—SB 253, the Climate Corporate Data Accountability Act; and SB 261, the Climate-Related Financial Risk Act—that will require large public and privately-held entities doing business in California to comply with sweeping disclosure requirements regarding their direct and indirect greenhouse gas emissions and their climate-related financial risks. California subsequently passed SB 219, which updated certain deadlines and requirements of the laws (collectively, the “Climate Disclosure Laws”).
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Client Alert | 7 min read | 07.31.25

Significant Changes Are in the Works for EU Environmental, Social, and Governance (ESG) Laws

Following the February announcement of the Omnibus package, the European Commission, Council, and Parliament have made several decisions indicating ways in which EU ESG laws are likely to be streamlined. This alert provides a high-level summary of the most significant proposed changes to existing and draft ESG legislation.
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Client Alert | 3 min read | 07.29.25

Meet the New Nationwide Injunction. Same as the Old Nationwide Injunction.

Last week, we wrote that concerns about excessive, unchecked executive branch power resulting from the Supreme Court’s decision in Trump v. CASA—which declared universal/nationwide injunctions likely exceeded district courts’ equitable authority under FRCP 65—felt premature, because there were a number of other levers district courts could pull to deliver the equivalent of nationwide injunctive relief. We discussed how Section 705 of the Administrative Procedure Act (APA) is one such lever. That section authorizes courts to “postpone the effective date” of a challenged agency action pending judicial review utilizing the same four-factor test applicable to requests for injunctive relief.
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Client Alert | 2 min read | 02.06.25

EPA Transition Update: Administrator Zeldin Identifies Five Pillars of Priority (With Details TBD)

On February 4, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s Powering the Great American Comeback Initiative, signaling five pillars that will guide EPA’s work in the short term, which are summarized below:
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Client Alert | 6 min read | 10.14.24

State AGs Challenge Nasdaq’s Diversity Disclosure Rule as Discriminatory

On October 3, 2024, a group of twenty-two state attorneys general sent a letter to Nasdaq Chair Adena Friedman inquiring into the listing company’s “commitment to ensuring federal and State anti-discrimination laws are followed.”[1] The letter, penned by Iowa Attorney General Brenna Bird, stems from a rule change Nasdaq promulgated in 2020 in an effort to increase diversity within boardrooms.
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Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA.
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Client Alert | 4 min read | 07.29.24

New Jersey Attorney General Proposes Rules to Advance Maternal Health Equity Through Healthcare Provider Training Requirements

On Monday, July 15, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division of Consumer Affairs released proposed rules (the “Proposed Rules”) which require certain New Jersey healthcare providers (i.e., physician assistants, physicians, nurses, and midwives) who provide perinatal treatment and care to pregnant persons to undergo bias training. The training is designed to root out prejudices and stereotypes that may negatively impact the quality of care delivered by these providers to patients during pregnancy, labor, delivery, postpartum, and neonatal periods.  The Proposed Rules were promulgated in an effort “to address pronounced racial disparities in maternal and infant health outcomes in New Jersey.”
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Client Alert | 35 min read | 07.11.24

The Supreme Court’s Double Hammer to Agencies: Loper Bright and Corner Post Set New Precedents for Challenging Federal Agency Action

On Friday, June 28, 2024, the U.S. Supreme Court overruled Chevron U.S.A. v. Natural Resources Defense Council (“Chevron”)[1] in Loper Bright Enterprises v. Raimondo (No. 22-451) and Relentless v. Dep’t of Commerce (No. 22–1219)[2] (the two cases collectively referred to as “Loper Bright”), bringing an official end to the decades-old and eponymously named “Chevron deference” doctrine. Not content to stop there, the Court returned fresh to work Monday, July 1, to, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System (No. 22-451)[3] (“Corner Post”), effectively extend the limitations period to challenge final agency actions under the Administrative Procedure Act (“APA”).
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Client Alert | 4 min read | 05.08.24

EPA’s Busy April for CERCLA and PFAS:
New CERCLA Authority, an Enforcement Escape Hatch, and the Continued Search for Viable Cleanup Technologies

On April 19, 2024, EPA signed the highly anticipated final rule designating two types of PFAS as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).  At the same time, David M. Uhlmann, Assistant Administrator for Enforcement and Compliance Assurance of the EPA, released an enforcement policy memorandum that provides “direction to all EPA enforcement and compliance staff about how EPA will exercise its enforcement discretion under CERCLA in matters involving PFAS, just as EPA exercises enforcement discretion regarding other hazardous substances.”  This alert summarizes key points from the enforcement policy and flags various uncertainties that lie ahead. 
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