Rulemaking & Policy Development

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China Publishes Draft List of Key New Pollutants under Pollutant Control Action Plan

We have been monitoring the progress China’s Ministry of Ecology and Environment (MEE) has been making on the goals set in its New Pollutant Control Action Plan, released in May 2022. One of the goals of the Plan was to release a list of key “new pollutants” for regulation and control, the categories of which … Continue Reading

2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues

A recording of PFAS, REACH and Other Chemical Regulatory Issues the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we provided an overview of the rapidly evolving landscape related to per- and polyfluoroalkyl substances (PFAS), including the proposed … Continue Reading

2022 Chemicals Workshop Webinar Series: TSCA Developments and US EPA Updates

A recording of TSCA Developments and US EPA Updates, the first webinar in our two-part 2022 Chemicals Workshop webinar series in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we reviewed US EPA’s implementation of the Toxic Substances Control Act (TSCA), including proposed “whole chemical” determinations and other Biden … Continue Reading

US EPA Proposes PFAS Hazardous Substances Designation

In a landmark action, US EPA recently proposed to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.”  If finalized, this rule would require entities to report releases of those PFAS substances and would authorize US … Continue Reading

Environmental Justice for All: Expanding the US Environmental Justice Movement Through Permitting Decisions

Our team at Squire Patton Boggs continues to track environmental justice matters as the landscape evolves according to Biden Administration executive orders.  We have previously posted on environmental justice considerations in affordable housing and have updated readers on environmental justice initiatives under the Biden Administration.  This post explores how environmental justice considerations under Title VI … Continue Reading

US EPA’s Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives

While the US has begun considering the implications of the US Supreme Court’s monumental June 28, 2022 opinion addressing air emissions from power plants, without much fanfare US EPA sent a proposed rulemaking to the White House Office of Management & Budget (OMB) for pre-publication interagency review that could be significant for “major source” air … Continue Reading

US EPA Resurrects Long-Dormant DINP Rulemaking

While rulemakings under the Administrative Procedure Act typically take several years from proposal to enactment, that can vary significantly.  While some rules run a fairly standard course, others languish for years with no action nor any apparent reason for inaction.  EPA’s recent revival of a proposed rule that is now, were it a person, old … Continue Reading

The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward

As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement agreements moving forward.  DOJ received comments through July 11, 2022 on its interim final rule to revoke the Trump-era regulation that prohibited payments to non-governmental, … Continue Reading

US Supreme Court Limits EPA’s Authority to Regulate Carbon Emissions from Existing Power Plants Under Major Questions Doctrine with Implications for Agency Rulemaking Generally

On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42 … Continue Reading

US EPA Announces Drinking Water Health Advisories for Certain PFAS Chemicals

On June 15, 2022, US EPA issued its prepublication notice announcing final drinking water health advisories for PFBS and GenX, as well as interim drinking water health advisories for PFOA and PFOS.1 In this publication, we discuss US EPA’s recent announcement and consider how it could impact industries moving forward: Drinking Water Advisory Levels for … Continue Reading

UK COVID-19 Public Inquiry Terms of Reference finalised and presented to the Prime Minister for approval

In April, we published an article about the UK COVID-19 Public Inquiry’s four-week long consultation process into its draft Terms of Reference (“TORs”), which will shape the scope of issues to be addressed by the Inquiry. Last month, the Inquiry published its summary report into the consultation, having analysed the 20,000 responses received, and meeting … Continue Reading

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

US States Charge Into the Future with Federal Support for EV Charging Infrastructure

Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law.  The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable, … 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

A “Made in America” Supply Chain for Critical Minerals

The Biden administration recently announced major investments in the domestic production of key critical minerals and materials. The minerals targeted by the Administration are the rare earth elements, lithium, and cobalt—found in products from personal rechargeable electronics and television screens, to household appliances, as well as those used in clean energy technologies like batteries, electric … 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

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

Update on Environmental Justice Initiatives Under the Biden Administration

During his campaign and with several Executive Orders issued during his first week in office, President Biden made clear that environmental justice (EJ) reforms are a priority of his Administration.  So, where are we one year into his Presidency?  This post provides a brief update on federal programs, initiatives and policies aimed at environmental justice … 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
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