Horizon Sustainability Law News Bulletin - February 2026

DLA Piper's February 2026 sustainability law bulletin covers legislative and policy developments. Key updates include California's CARB hearing on SB 253 and SB 261 regulations, discussing proposed fees, penalties, and potential exemptions for insurers.

ESMA Final Draft RTS on Clearing Thresholds Under EMIR 3

The European Securities and Markets Authority (ESMA) has published its final report with draft regulatory technical standards (RTS) amending the clearing threshold regime under EMIR 3. The changes shift the focus from ETD vs OTC to uncleared OTC transactions, with revised thresholds for various derivative classes.

Mideast War Disrupts LNG Contracts and Raises Supply Security Questions

The escalating conflict in the Middle East has disrupted LNG contracts, particularly due to the de facto closure of the Strait of Hormuz and attacks on Qatari facilities. This has led to record-high spot prices and is raising urgent questions about supply security and contractual performance for energy companies.

Supreme Court Rules IEEPA Lacks Authority for Reciprocal Tariffs

The Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not grant the President authority to impose reciprocal tariffs. This decision impacts an estimated $175 billion in collected tariff revenues, raising questions about potential refunds.

OFAC Fines Executive $3.77M for Syria Sanctions Violations

The Office of Foreign Assets Control (OFAC) has settled with a real estate executive for $3.77 million for violating U.S. sanctions against Syria. The executive provided managerial services to Syrian real estate companies, which OFAC deemed an 'egregious' violation.

Court Orders Customs to Refund IEEPA Duties to Importers

The Court of International Trade has ordered U.S. Customs and Border Protection (CBP) to refund International Emergency Economic Powers Act (IEEPA) duties to all importers. CBP must liquidate unliquidated entries and reliquidate final entries without these duties.

OCC GENIUS Act Proposal on Stablecoins

The Office of the Comptroller of the Currency (OCC) has issued a Notice of Proposed Rulemaking (NPR) to implement the GENIUS Act concerning stablecoins. The proposal seeks public comment on regulatory frameworks for permitted payment stablecoin issuers, including rules on yield-bearing features and opt-out provisions for state-approved issuers. Comments are due May 1, 2026.

Germany NIS2 Cybersecurity Law Implementation Deadline

Germany's implementation law for the NIS2 Directive, effective December 2025, expands cybersecurity requirements to new sectors including digital services and manufacturing. Covered entities must register with the BSI by March 6, 2026, and comply with new security and incident reporting obligations.

USITC Investigates Chinese Biotech State Support and Pricing

The U.S. International Trade Commission (USITC) has launched an investigation into Chinese state support and pricing practices within the biotechnology sector. The investigation aims to assess the impact on U.S. industry competitiveness and market share, with a report due by January 2027.

USITC Launches Investigations into China Trade Relations and Biotech Support

The US International Trade Commission (ITC) has launched two Section 332 investigations: one examining the economic effects of revoking China's permanent normal trade relations status, and another reviewing China's state support and pricing practices in the biotechnology sector. These investigations will provide an analytical record for Congress and the administration regarding future trade and industrial policy measures targeting China.

OFAC Fines IMG Academy for Sanctions Violations

The Office of Foreign Assets Control (OFAC) has fined IMG Academy $XXX,XXX for accepting tuition payments from parents designated under sanctions. The enforcement action highlights the pervasive nature of sanctions risk across various sectors, including educational institutions.

CRD VI Consequences for M&A Transactions

CRD VI introduces a new harmonized regime for M&A transactions in the banking sector across the EU, requiring prior notification and, in some cases, approval from competent authorities. While national transposition is incomplete, the M&A provisions are set to apply from January 11, 2026.

EU-UK Competition Cooperation Agreement Signed

The European Commission and the UK have signed a competition cooperation agreement establishing a formal post-Brexit framework for antitrust and merger enforcement coordination. The agreement institutionalizes notification, coordination, and information-sharing mechanisms but requires ratification by both parties and is not yet in force.

UK ICO Guidance on Agentic AI and UK GDPR Compliance

The UK ICO has released a Tech Futures report analyzing agentic AI systems and their compliance with UK GDPR. The report emphasizes that developers and deployers of these systems must adhere to existing UK GDPR requirements, including those related to automated decision-making, data minimization, and accuracy.

In re: Shilo Dion Sanders, Big 21, LLC, and Headache Gang, LLC - Bankruptcy Court Order

The United States Bankruptcy Court for the District of Colorado issued an order denying a motion to dismiss filed by Shilo Dion Sanders, Big 21, LLC, and Headache Gang, LLC. The motion sought to dismiss seven of eight claims brought by the Chapter 7 Trustee.

In re Gabriela Gonzalez-Arceo - Bankruptcy Court Opinion

The US Bankruptcy Court for the District of Colorado denied an application to employ the Johnson Law Firm as attorneys for the Trustee in the bankruptcy case of Gabriela Gonzalez-Arceo. The court cited the need for further review of the contingent fee agreement and related statutory provisions.

Colorado Bankruptcy Court Overrules Debtor's Objection to Claim

The Colorado Bankruptcy Court, in the case of In re Logan Beck (Case No. 25-11438 MER), has overruled the debtor's objection to a claim filed by the State of Colorado for $3,307,557.00. The court found the debtor lacked standing to object to the claim.

Pacito v. Trump - Ninth Circuit Court Opinion on Refugee Admissions

The Ninth Circuit affirmed in part and reversed in part a district court's preliminary injunction against Executive Order No. 14163, which suspended the U.S. Refugee Admissions Program. The court found plaintiffs failed to show a likelihood of success on their claims that the executive order exceeded the President's statutory authority.

Pacito v. Trump - Immigration Refugee Admissions Program

The Ninth Circuit affirmed in part and reversed in part a district court's preliminary injunctions against Executive Order No. 14163, which suspended the U.S. Refugee Admissions Program (USRAP). The court found plaintiffs failed to show a likelihood of success on their claims that the executive order exceeded the President's statutory authority or violated the APA.

Chairez v. Mayorkas - Immigration Waiver of Inadmissibility

The Ninth Circuit Court of Appeals affirmed the dismissal of a challenge to USCIS's denial of a waiver of inadmissibility for a U visa. The court held that such discretionary agency decisions are precluded from judicial review under the Administrative Procedure Act.

Fifth Circuit Affirms Conviction for Firearm Possession After Felony

The Fifth Circuit Court of Appeals affirmed a conviction for firearm possession by a convicted felon under 18 U.S.C. § 922(g)(1). The court found the statute constitutional and rejected the defendant's vagueness challenge, citing precedent.

State AGs Sue Trump Administration Over Tariffs

Massachusetts Attorney General Andrea Joy Campbell, joined by 23 other states, has filed a lawsuit challenging the Trump Administration's latest round of tariffs. The coalition argues these tariffs were imposed without congressional approval and unlawfully increase costs for American consumers and businesses.

Contract Award: Air Conditioning Installation for British Embassy Mexico City

The UK's Foreign, Commonwealth and Development Office has awarded a contract for the installation of air conditioning units at the British Embassy in Mexico City. The contract, valued at £90,309.87 including VAT, was awarded to Hugo Soberanis and is effective from March 1, 2026, to June 1, 2026.

Student Loans Company Contract Award: Workforce Solutions

The Student Loans Company has awarded a contract for Workforce Solutions valued at £5,000,000. This notice was published on March 5, 2026, and pertains to the supply of personnel services.

Northumberland County Council - Medical Checks for Foster Carers Procurement

Northumberland County Council has published a prior information notice regarding the procurement of medical checks for foster carers, valued at £120,000. The contract will be awarded under the Health Care Services (Provider Selection Regime) Regulations 2023.

UK2 Preliminary Market Engagement Contract Award Notice

The UK's Defence Equipment and Support agency has awarded a contract for the supply and repair of Unit Load Devices for the Voyager Delivery Team. The contract, valued at £235,000 excluding VAT, was awarded to UNILODE AVIATION SOLUTIONS UK LIMITED.

St Helens Council Awards Advocacy Services Contract

St Helens Council has awarded a contract for Adults and Children's advocacy services to N-COMPASS TOWARDS A BRIGHTER FUTURE LIMITED. The contract is valued at £1,023,016 excluding VAT and will commence on April 1, 2026.

Contract Award: West Kentish Town Estate Phase 1 Works

The London Borough of Camden has awarded a contract for the West Kentish Town Estate Phase 1 Works to HIGGINS PARTNERSHIPS 1961 PLC for £31,411,566.86. This notice serves as a contract award announcement under the Procurement Act 2023.

London Borough of Richmond Contract Award Notice

The London Borough of Richmond has published a contract award notice for transport services. The contract, valued at £2,922.86 excluding VAT, was awarded on March 5, 2026, after receiving 10 tenders.

Totton & Eling Town Council Grounds Maintenance Contract Award

Totton & Eling Town Council has awarded a grounds maintenance contract following a procurement process. The notice details the scope of services, which include grass cutting, hedge maintenance, and re-wilding programs across five lots. Several suppliers have been awarded contracts for these services.

UK Government Contract Award: Housing Fire Safety Systems

Nottingham City Council has awarded a contract valued at £3.6 million for Housing Fire Safety Systems to MIDLAND FIRE SECURITY SERVICES LIMITED. The contract covers maintenance, repair, and installation of fire alarms, dry/wet risers, sprinkler systems, automatic opening vents, and fire extinguishers.

Arden Trust Awards Grounds Maintenance Contract

The UK Government's Find a Tender Service has published a contract award notice for Arden Multi Academy Trust. Fairways Contracting Limited has been awarded a grounds maintenance contract valued at £621,207.12, including VAT, for an initial period of three years with options for extension.

Procurement Notice for Repairs & Maintenance Services Framework

CDS Co-operatives has published a procurement notice for a Repairs & Maintenance Services Framework. This notice, published on March 5, 2026, details the framework agreement entered into with Plentific for property technology services.

UCAS Hampshire Marquee 2026 Contract Award

The University of Winchester has awarded a contract valued at £72,000 to All Style Marquees for the provision of a marquee and associated services for the UCAS Hampshire Exhibition in 2026. The notice was published on March 5, 2026.

Recruitment Services Contract Notice

The UK's Restoration and Renewal Delivery Authority Ltd has published a contract notice for recruitment services valued at £14,700. The contract was awarded to SMARTSOURCING LIMITED and runs for three months.

Driver Offender Re-training Courses Contract Awarded

The Police and Crime Commissioner for South Wales has awarded a contract valued at £9,461,760 to TTC 2000 LIMITED for the provision of National Driver Offender Re-training scheme Courses. This award notice was published on March 5, 2026.

Bournemouth, Christchurch and Poole Council Parking Management System Tender

Bournemouth, Christchurch and Poole Council has issued a tender for a Parking Management System valued at £600,000. The tender notice was published on March 5, 2026, with a submission deadline of April 7, 2026.

Bus Stops Review Contract Awarded by London Borough of Enfield

The London Borough of Enfield has awarded a contract valued at £30,000 (including VAT) to Transport For London for a review of proposed bus stops as part of the Enfield Town to Ponders End project. The contract was signed on March 2, 2026, and is effective from March 3 to March 31, 2026.

Point of Fethaland Lighthouse Refurbishment Tender

The Northern Lighthouse Board has issued a tender notice for the refurbishment and upgrade of the Point of Fethaland Lighthouse. The estimated value of the works, including VAT, is £90,000, with a tender return deadline of April 2, 2026.

The Brit School Strategic Site Masterplan Tender

The Brit School has issued a tender notice for technical advisory and design services to create a strategic site masterplan. The estimated total value is £120,000, with a tender submission deadline of March 26, 2026. This procurement is open to UK suppliers, with a preference for SMEs.

Contract Awarded for Nicotine Replacement Therapy in Bradford

The City of Bradford Metropolitan District Council has awarded a contract valued at £600,000 to Inshallah Meds Ltd. for the supply of Nicotine Replacement Therapy (NRT) to support smoking cessation services across Bradford District. The contract is set to commence on April 1, 2026.

A.D. v. US Bureau of Prisons - Civil Case Filing

A civil case, A.D. v. United States of America (Federal Bureau of Prisons), was filed on March 5, 2026, in the U.S. District Court for the Northern District of California. The filing includes a complaint, proposed summons, a motion to maintain plaintiff anonymity, and a consent to proceed before a US Magistrate Judge.

TCPA Case Motion to Dismiss Denied

The Northern District of Georgia denied a motion to dismiss a Telephone Consumer Protection Act (TCPA) case against RES 360 LLC and Peach City Properties LLC. The court found that the plaintiff's allegations regarding unsolicited text messages were sufficient to proceed. This ruling allows the class action lawsuit to move forward.

In re Domestic Partnership of Campos & Nunoz - Pet Custody Dispute

The California Court of Appeal issued an opinion on March 5, 2026, in the case of In re Domestic Partnership of Campos & Nunoz. The court affirmed a lower court's order denying shared custody of a dog, noting errors in citing fictitious legal authorities but finding the claim forfeited. The opinion emphasizes the responsibility of courts and attorneys to verify legal citations, especially with AI-generated content.

In re N.J. - Juvenile Dependency Appeal

The California Court of Appeal, Fifth Appellate District, filed a non-precedential opinion in the case of In re N.J. The appeal concerns a juvenile court's dispositional order removing a child from her mother's custody based on allegations of sexual abuse, which the mother contends were improperly considered. The opinion addresses the mother's challenge to the sufficiency of the evidence and procedural due process.

In re C.R. - Termination of Parental Rights Appeal

The California Court of Appeal, Fifth Appellate District, issued an opinion in the case In re C.R. The appeal challenges an order terminating parental rights, with the court affirming the order after finding any procedural error was harmless.

People v. Doster - Criminal Appeal

The California Court of Appeal reversed a criminal conviction in People v. Doster, finding that the trial court erred in discharging a prospective juror and violated the Racial Justice Act. The case is remanded for a new trial.

People v. Carrillo - Criminal Appeal

The California Court of Appeal reversed and remanded an order denying a petition for resentencing for Joe Carrillo. The court accepted the People's concession that Carrillo, sentenced as a juvenile to the functional equivalent of life without parole, is eligible for resentencing under Penal Code section 1170(d)(1).

People v. Blake - Criminal Appeal

The California Court of Appeal, First Appellate District, Division Two, filed an opinion on March 5, 2026, in the case of People v. Blake. The court affirmed the trial court's order denying the defendant's petition for resentencing under section 1172.6, finding the evidence sufficient to support the conclusion that the defendant was the actual killer.

People v. Alvaro - Non-Precedential Opinion

The California Court of Appeal filed a non-precedential opinion in the case of People v. Alvaro. The defendant was found guilty of 10 counts arising from sexual offenses against two minors. The appellate court affirmed the conviction, finding no reversible error.