NGO successfully challenges planning inspectors’ report on energy performance standards

The recent decision (20 February 2024) of the High Court in R (Rights Community Action) v Secretary of State is a rare example of an NGO succeeding in a climate change legal action under English law.  In the case, Rights Community Action persuaded the High Court to overturn a finding by the Secretary of State’s Planning Inspectors that a local authority’s “net zero” policy was unlawful.

The claim arose in relation to a proposed new “garden village” development in Oxfordshire.  … Read the rest

NYC Council Proposes Broad Non-Compete Ban

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple.

On December 12, 2023, the New York State Legislature delivered a bill for the Governor’s signature that would have banned “any agreement, or clause contained in any agreement, between an employer and a covered individual that prohibits or restricts such covered individual from … Read the rest

The Value and Significance of the Rare Earth Antitrust Litigation

–At the Juncture of the Supreme Court Judgment

At the onset of 2024, AnJie Broad’s antitrust team secured a pivotal second instance judgment from the Supreme People’s Court of China (“the Supreme Court”) in the rare earth antitrust litigation. The ruling completely overturned the first instance judgement rendered by the first instance court Ningbo Intermediate People’s Court (“the Ningbo Court”), holding that the conducts of AnJie Broad’s client Hitachi Metals did not constitute abuse of market … Read the rest

Hepatitis A positive Cracker Barrel employee prompts warnings

Erie County Health Department has identified a case of Hepatitis A in a restaurant worker, it announced Friday. The employee works at Cracker Barrel, which is located at 7810 Interstate Dr. in Summit Township. The health department said the risk of infection is low, but customers who ate or drank at the restaurant or ordered or delivered take-out Jan. 30 through Feb. 21 are asked to watch for symptoms of hepatitis A. Symptoms can take two to seven weeks after … Read the rest

SALT trivia – February 21, 2024

Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!

We will award prizes for the smartest (and fastest) participants.

This week’s question: Which state’s House recently proposed a bill that would limit property taxes on machinery used to manufacture critical materials?

E-mail your response to SALTonline@eversheds-sutherland.com.

The prize for the first response to today’s question is a $ 25 UBER Eats gift card. This week’s answer will be included in our SALT Shaker Weekly … Read the rest

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

Department of Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.”

As governments across the United States are beginning to regulate greenhouse gas emissions, looking at the back story and teasing out the broad impact of this prohibition is worth our time.

We blogged, Government Proposes Federal Contractors and Their Suppliers Disclose GHG Emissions describing the November 14, 2022, proposed Federal Supplier Climate Risks and Resilience Rule that proposed to … Read the rest

Candida auris in dogs

Candida auris is an emerging threat that we need to pay attention to. This fungus causes disease almost exclusively in immunocompromised people, with infections most often acquired in hospital. While infections are rare, it’s a bit problem because mortality rates tend to be very high (20-60%), it can cause outbreaks in healthcare facilities, it can live on the skin of healthy people, antifungal resistance is common and routine disinfectants don’t always work very well.

That’s a perfect combination for a … Read the rest

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). These rules would significantly increase the EPA’s and authorized state’s authority to address the release of some of the most common PFAS and require responsible parties to conduct assessments, investigations, and clean-ups.

The first proposed rule, Listing of Specific PFAS as … Read the rest