In what should be welcome news to industry and others who generate hazardous waste in California (including contaminated soil), the California Environmental Protection Agency (CalEPA), through the Department of Toxic Substances Control (DTSC), released a Draft Hazardous Waste Management Plan: A Modern Approach to a Circular Economy (Plan) on March 15. As provided in the Plan, DTSC proposes to potentially simplify the characterization of hazardous waste, provide for alternative management standards for certain hazardous wastes, and adopt certain existing U.S. EPA recycling exemptions and exclusions.
Court Order Hobbles Challenge to California’s Climate Disclosure Laws
Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District Court for the Central District of California on February 3, 2025. The order dismissed constitutional challenges levied against SB 253, which requires large companies “doing business” in California to annually report their greenhouse gas (GHG) emissions, and SB 261, which requires disclosure of climate-related financial risks. The ruling clears the path for the California Air Resources Board (CARB) to develop implementing regulations for SB 253, which are statutorily required to be issued by July 1, 2025.
CARB Solicits Public Input on Greenhouse Gas and Climate Risk Disclosure Laws
On December 16, 2024, the California Air Resources Board (CARB) requested public feedback to “help inform its work to implement” the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (see our summary of these 2023 laws here). The “information solicitation” was issued shortly after California State Senator Scott Wiener and Senator Henry Stern, who authored the bills, penned a letter to CARB expressing their frustration with CARB’s apparent lack of momentum in advance of a July 2025 statutory deadline to adopt regulations governing the greenhouse gas (GHG) and climate risk disclosures that large entities “doing business in California” must make beginning in 2026. CARB is accepting comments in response to the solicitation for 60 days, through February 14, 2025.
California Offers Enforcement Relief on GHG Disclosures
On December 5, 2024, the California Air Resources Board (CARB) issued an Enforcement Notice regarding the Climate Corporate Data Accountability Act (SB 253), which will require companies “doing business” in California to report their Scope 1, 2, and 3 greenhouse gas emissions (GHG), with reporting for 2025 Scope 1 and 2 emissions beginning in 2026 (see our previous discussion of the law’s requirements here).
California Open to Input on Endangered Species Listing for Burrowing Owl
The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now has
California Law Highlights the Need to Prepare for Climate Disclosures
The march toward mandated corporate disclosures for climate-related risks continues. Despite significant pushback and substantial legal challenges, state legislatures and regulators are continuing to advance laws and rules that will require disclosures of both greenhouse gas (GHG) emissions and climate risks.
California Senate Bill (SB) 219, signed into law
SEC Issues Final Climate Disclosure Rules, Paring Down Its 2022 Proposal, With Implications for Greenwashing Claims
The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas (GHG) emissions and their material climate risks, with some requirements kicking in as early as 2025. On March 6, the SEC voted 3-2 along party lines to pass a pared down version of its March 2022 proposal, giving regulated companies the final word on the much-anticipated rule.
Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.
The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species Act (ESA), with a final listing decision likely to occur next year. Listing the turtles would affect large swaths of California, Oregon, Washington, and parts of Nevada — the northwestern pond currently inhabits portions of Washington, Oregon, Nevada, as well as northern and central California, and the southwestern pond turtle is found in central and southern California from northern Monterey County into Baja California, Mexico. The turtles rely on aquatic habitats such as streams, ponds, and adjacent uplands, and they are found from cool coastal regions to the Mojave River watershed.
California Adopts Landmark GHG Emissions and Climate Risk Reporting Laws
On October 7, 2023, California Governor Newsom signed two landmark bills into law, Senate Bill (SB) 253 and SB-261, imposing new requirements on large companies doing business in California to publicly report their annual greenhouse gas (GHG) emissions and climate-related risks. These laws apply to both publicly traded and privately held companies, exceeding the scope of the climate disclosure rule proposed by the U.S. Securities and Exchange Commission (SEC) in March 2022. Our professionals have prepared a more detailed summary here; some key highlights are included below.