The United States Capitol building

We previously blogged here, here, and here about President Biden’s infrastructure plan, first proposed in March 2021. On August 10, 2021, the Senate passed a bipartisan infrastructure bill that included many pieces of President Biden’s plan, but also contained numerous revisions, reflective of the compromises necessary to pass this ambitious legislation in the Senate.

The Senate approved bill scaled down Biden’s infrastructure plan—from $2,600 billion to $550 billion, cutting investments in research and development, clean energy tax credits, public buildings including schools and homes, and home- and community-based care. Here’s what the Senate bill included and what it cut. Continue Reading The Senate Approved a $1.2 Trillion Infrastructure Bill: Here’s What it Funds

International Law Concept

Courts exist to adjudicate claimed harms. However, not every court can hear every claim. A recent D.C. district court decision in Jam v. Int’l Fin. Corp. emphasizes how difficult it can be for international plaintiffs to bring U.S. lawsuits for torts occurring abroad. The key holding in Jam – similar to other recent cases – is that just because a corporation makes general decisions about financing or operations in the United States does not mean every plaintiff can sue them in this country for harms occurring abroad. These cases’ holdings indicate that U.S. courts are limiting plaintiffs’ ability to bring suits for tortious activity abroad. As a result, many tort cases focused on international harms likely can be dismissed when the case’s only nexus to the United States is general corporate decision making. Continue Reading International Plaintiffs’ Suit Jammed for Lack of Jurisdiction: District Court Precludes Plaintiffs’ Claims for Overseas Harms

As part of the Biden administration’s 100-day evaluation of U.S. supply chains, in June the Department of Defense (DoD) issued its review of certain “strategic and critical materials” that are key ingredients in electronics and green technologies. Supply chain resiliency is an increasingly important area of Environmental, Social, and Governance (ESG) focus for companies and stakeholders alike, and the DoD’s review has implications for ESG reporting. Continue Reading How Manufacturers Can Improve Supply Chain Sustainability Based on New DoD Recommendations

We often think that environmental regulation comes top-down from Congress and Washington bureaucrats. But that isn’t always the case, as the recent California federal district court decision in California Restaurant Association v. City of Berkeley illustrates. The court there rejected a preemption challenge to a California municipal ordinance banning the installation of natural gas piping in new construction. The decision demonstrates the need for the regulated community to engage on all levels — federal, state, and local. Federal law does not control every aspect of many regulatory areas. Rather, states and localities continue to have some ability to regulate areas touched by federal statutes and regulations. Continue Reading California Court Upholds Local Ordinance Precluding Installation of Natural Gas Piping in New Construction

Of course elections matter, and executive branch changes may bring real and meaningful policy change.  But the federal Administrative Procedure Act (APA) limits the executive branch’s discretion to shape policy by requiring that policy changes be accompanied by a “reasoned explanation” generally set forth in an administrative record. A recent Ninth Circuit decision in Center for Biological Diversity v. Haaland — addressing Trump Administration changes to federal Endangered Species Act (ESA) listings — illustrates the guardrails the APA imposes that apply to all executive decision-making. Continue Reading Ninth Circuit Decision on Pacific Walrus Illustrates Executive Branch Limits

On April 27, the Biden administration announced new proposed infrastructure initiatives that may enable developers to finally break ground on their “shovel-ready” transmission line projects, including over $8 billion in financing tools from the U.S. Department of Energy (DOE) as part of the administration’s effort to develop low-carbon energy. On the same day, the U.S. Department of Transportation (DOT) also issued new guidance on how federal and state agencies can work together to approve developers looking to use the land running alongside highways, known as the federal highway right-of-way (ROW), for construction of power transmission, clean-energy, and connectivity projects. Continue Reading Biden Administration Infrastructure Plan Could Jumpstart “Shovel-Ready” High-Voltage Transmission Line Projects

Sequoia National Park Road. California, United States.

Stakeholders have made clear that corporate responsibility is not just a fad or a slogan. With increasing data showing that sustainable investing opportunities can mitigate risk and deliver strong returns, environmental, social, and governance has quickly become an integral part of a company’s reporting and a significant factor in successful business deals.

Schiff Hardin today launched its new ESG team to help companies develop appropriate disclosures and institutional programs that incorporate ESG principles, including climate change, supply chain resiliency/disruption, water use, waste and recycling, environmental and energy justice, human rights, diversity, equity and inclusion, board composition, executive compensation, and anti-corruption. Continue Reading Schiff’s New ESG Team

Blue SKy Wind Turbine

On April 29, Illinois Governor J.B. Pritzker released proposed legislation, SB2896 and HB4074, to set statewide minimum, uniform standards for wind farms and ground-mounted solar energy systems, including setback requirements, height restrictions, and landscape buffer requirements, while maintaining local authority over permitting and final project approval. Currently, Illinois counties have the authority to set all standards and siting procedures for wind and solar energy facilities. Continue Reading Illinois Bill Proposes Statewide Standards for Solar, Wind Farm Energy Facilities

SH21-American-Jobs-Plan-Series

In parts one and two of our series on President Biden’s infrastructure plan, we have discussed infrastructure resilience, remediation, green technologies, and reducing greenhouse gas emissions. Today, we focus on a central theme woven into President Biden’s proposal: equity and environmental justice.

Many of President Biden’s proposals fall into several of the four areas of federal policy intervention that environmental research institution Resources for the Future has identified as necessary for a fair transition to greener technology: workforce development and labor standards, economic development, environmental remediation and infrastructure, and public benefits. The summaries below include some of that overlap. Continue Reading Biden Infrastructure Proposal Prioritizes Equity and Environmental Justice

SH21-American-Jobs-Plan-Series

We have previously blogged about President Biden’s infrastructure plan released in late March. The sweeping $2 trillion plan provides a blueprint designed to strengthen America’s infrastructure and reduce greenhouse gas emissions. This goal was also highlighted in the president’s recent discretionary spending request to Congress, requesting $1.8 billion in programs to reduce greenhouse gas emissions, which EPA Administrator Michael Regan called “historic investments to tackle the climate crisis[.]”

In three principal areas — research and development, vehicle emissions, and building improvements — the Biden plan pushes to spur technological advancement and reduce greenhouse gas emissions. Continue Reading Biden Infrastructure Proposal Plants Seeds for a Greener Tomorrow