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US EPA Adoption of New Phase I ASTM Standard E1527 Delayed by Adverse Comments

Back in November of 2021, ASTM International issued its revised Standard Practice E1527-21 to replace its 2013 version setting forth the specific procedures and requirements for environmental professionals preparing Phase I environmental site assessments.  Preparation of a Phase I report under this Standard satisfies one of the obligations under the All Appropriate Inquires (AAI) Rule … Continue Reading

ESG Hot Legal Issues for Food Manufacturers (UK)

Squire Patton Boggs invites you to join us for a webinar on 5 May 2022 where we will discuss the environmental, social and governance (ESG) issues that affect food manufacturers, from changes in legislation, priorities for remaining compliant, navigating supply chain transparency and how, together, these feed into the wider corporate governance obligations both current … Continue Reading

New EU Ecodesign law – “Making sustainable products the norm” or empty shell?

At the end of March, the European Commission (Commission) presented the Sustainable Products Initiative (SPI) as part of a ‘Circular Economy Package I’, together with a Sustainable Textiles Strategy, and proposals for a new directive empowering consumers for the green transition (please see Sustainability Outlook March 2022), and a new Construction Products Regulation. In its … Continue Reading

Environmental Justice Consideration in Affordable Housing

Environmental justice has a natural connection to affordable housing programs.  It remains, however, a broad and somewhat elusive term.  There is no formal definition of environmental justice in US federal law.  However, relevant agencies have developed working descriptions for the term.  US EPA generally defines it as “fair treatment and meaningful involvement of all people … Continue Reading

Still Time To Have Your Voice Heard In The UK COVID-19 Public Inquiry

With just under a week remaining on the Cabinet Office’s online consultation process into the COVID-19 Public Inquiry, we explore the current stage of the Public Inquiry process, the next steps, and the importance of ensuring organisations and individuals have their say in the draft Terms of Reference (“TORs”) by 7 April 2022, which will … Continue Reading

Crunch Time for Critical Minerals in the US

Following up on Squire Patton Boggs’s continuing coverage of the critical minerals industry, we examine some recent reforms in the federal permitting process which aim to ease supply-side constraints by expediting the development and exploitation of critical minerals. Rapidly mounting geopolitical tensions, East/West decoupling, and longstanding supply chain stresses underlie a new reality—global logistics now … Continue Reading

February 2022 Update: EU Sustainability Outlook: Key Developments In EU Sustainability Law and Policy

Our European Public Policy team is pleased to share with you our monthly newsletter, Sustainability Outlook – European Union which looks at key developments in EU sustainability law and policy. This month’s edition includes the following:… Continue Reading

Consultation is opened on the Office for Environmental Protection’s (OEP) draft strategy and enforcement policy (UK)

The consultation seeks views on the new regulator’s plans, which set out how it will protect and improve the environment by holding public authorities to account. The draft strategy defines what the OEP considers to be a “public authority” and this includes the government, government agencies, local authorities and similar organisations, and private companies carrying … Continue Reading

Advertising, Media and Brands Global Compliance Challenges: The Rise of ESG and Global Workforce Challenges

2021 has provided unique challenges for businesses operating across the advertising, media and brands industry. Aside from the impact of the pandemic, we are seeing a changing and challenging landscape due to increasing economic, consumer, regulatory and compliance pressures. With increased exposure as a result of these pressures, Squire Patton Boggs and BDO will be … Continue Reading

UK Regulator Increases Action Against Greenwashing

Colleagues in our Intellectual Property & Technology team recently published an article focusing on the Competition and Market Authority’s (“CMA”) greenwashing investigation. Greenwashing is the use of disingenuous environmental or eco-friendly claims (for example, “natural”, “recyclable”, “organic”) by businesses to market products to consumers. This may be done via “statements, symbols, emblems, logos, graphics, colours … Continue Reading

January 2022 Update: EU Sustainability Outlook: Key Developments In EU Sustainability Law and Policy

Our European Public Policy team is pleased to share with you our monthly newsletter, which looks at key developments in EU sustainability law and policy. This month’s edition includes the following:… Continue Reading

January 2022 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

The ABC’s of ESG

ESG: What and How Significant Is It? With “proxy season” kicking into high gear, issuers are already beginning to think about how to address concepts that are both complex and amoeba-like: environmental, social, and governance (“ESG”) matters.  According to some leaders in the field: 1. The ‘E’ captures energy efficiencies, carbon foot printing, greenhouse gas … Continue Reading

France Takes Over Presidency of EU Institution, Vows to Implement European Green Deal

With the turn of the year, France took over the Presidency of the Council of the European Union (EU), following Slovenia. The Council consists of a representative of each Member State at ministerial level and is the EU co-legislator together with the European Parliament. While it is the European Commission, EU executive, that has the … Continue Reading

December 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

Cartel allegations in France regarding the concealed use of Bisphenol A in food packaging

Bisphenol A is a chemical product which is considered an endocrine disruptor and, for that reason, has been banned from the food industry since 2015 by the French Food Safety Agency (FSA).  Bisphenol A is, however, still legally used in other countries (including the UK and other EU Member States). The French Competition Authority (FCA) … Continue Reading

Clearing the Air: US EPA Looks to Revamp Pyrolysis and Gasification Regulations

One man’s trash is another man’s treasure.  In this case, one man’s solid waste, commercial and industrial waste, biomass, plastics, tires, and organic contaminants are another man’s energy, fuel, and commodity chemicals thanks to waste conversion technologies generally known as pyrolysis and gasification.  For years, these waste conversion technologies have been regulated under a patchwork … Continue Reading

European Commission Proposes a Carbon Border Adjustment Mechanism (CBAM) for Iron, Steel, Cement, Fertilisers, Aluminium and Electricity (4 in 4-Part Series)

Another much-anticipated and likely controversial proposed regulation would establish a CBAM for certain imports. The Commission presented it as a measure to ensure that ambitious climate action in Europe does not lead to “carbon leakage” by pushing carbon-intensive production out of the single European market but contribute to a global emissions decline by encouraging the … Continue Reading

European Commission Proposes a Revision of the Renewable Energy Directive (3 in 4-Part Series)

As another key component of the Fit for 55 package, the Commission made a proposal to amend Directive 2018/2001 on the promotion of the use of energy from renewable sources (RED II) and related legal acts. The revision would increase the overall binding target for renewable energy in the EU energy mix from the current … Continue Reading

European Commission Proposes “Most Crucial Change to the EU Emission Trading System So Far” (2 in 4-Part Series)

As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts. According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage … Continue Reading

European Commission Proposes a Landmark “Fit for 55” Package of Climate and Energy Legislation (1 in 4-Part Series)

Delivering a key component of the European Green Deal umbrella policy that it adopted in December 2019, the European Commission issued 15 legislative proposals, accompanied by three non-legislative communications in July 2021. With the supporting documents, e.g. impact assessments, the package adds up to around 4,200 pages. It includes the following initiatives:… Continue Reading

July 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

US EPA Takes AIM at HFCs

It’s déjà vu all over again.  Over the course of more than thirty years, EPA and industry partners successfully wound down usage of ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) under the Significant New Alternatives Policy (SNAP) in Title VI of the Clean Air Act, enacted following the 1987 Montreal Protocol.  Under SNAP, HCFCs and CFCs … Continue Reading

June 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. This month’s edition includes the following: Airline company fined … Continue Reading
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