On Thursday, January 21, President Joe Biden signed an Executive Order that directed the Occupational Safety and Health Administration (OSHA) to issue guidance to employers on protecting workers from COVID-19, including protecting workers from COVID-19 under the Occupational Safety and Health Act and protecting other categories of workers from COVID-19. In this alert we outline … Continue Reading
As of January 3, 2021, the one-year grace period to comply with the California Prop 65 Clear and Reasonable Warning requirements for delta-9-tetrahydrocannabinol (known as THC) came to a close and the enforcement period has now begun. OEHHA, the enforcing agency for Prop 65, added THC to the Prop 65 chemicals list last year on … Continue Reading
Climate Policy, Automation, Climate and Ethics (PACE) are at the heart of significant global changes that in turn affect corporate behaviours and governance. On 23 November 2020, we hosted a panel discussion on The Future of Green Energy. Joined by The Rt. Hon. Kwasi Kwarteng, Richard Gwilliam at Drax, Helen Boyle at Cadent Gas, Victoria Merton … Continue Reading
The tumultuous presidential election is working its way to a close and, while the vote counting and litigation continue, one thing is certain: the environmental policy agenda to be advanced by a Biden Administration will be a marked contrast to that of the current Trump Administration. The Biden environmental policy agenda includes, at front and … Continue Reading
On November 27, 2020, the Federal Permitting Improvement Steering Council (Permitting Council) issued a proposed rule to add mining as a sector eligible for streamlined permitting under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). Public comments on the proposed rule are due December 28, 2020. Enacted in 2015, FAST-41 created a new … Continue Reading
US EPA recently released its draft National Recycling Strategy (Draft Strategy) as part of its broader “America Recycles” program that aims to increase the amount of paper, plastic and metal recycled in the country. While the Draft Strategy sets sweeping goals to grow domestic recycling capacity and improve markets for recycled materials, it offers little … Continue Reading
One of the key “non-scope considerations” commonly investigated during environmental due diligence for commercial property transfers is assessment of any lead impacts from lead-based paint (LBP) and lead dust. Although the use of LBP was banned in 1978, many structures constructed before that date retain LBP on surfaces. As that LBP deteriorates over time, it … Continue Reading
In publishing the Chemical Strategy for Sustainability (CSS), the European Commission has announced the Most Significant Changes to EU Chemicals Regulation in 15 Years. The Commission stated that the CSS is the first step towards a zero pollution ambition for a toxic-free environment. While the CSS fully recognises the fundamental role of chemicals for human … Continue Reading
The chemical regulation EU REACH will cease to apply in the UK at the end of the transitional period (31 December 2020), resulting in major implications for anyone supplying chemicals into the EU or UK, as well as those further down the supply chain who buy and use chemicals. Whether you are a manufacturer, importer … Continue Reading
On Monday, the White House released its statement of administration policy (SAP) threatening to veto the proposed clean energy package from the House of Representatives (H.R. 4447). Trump Administration policy advisors argued that the legislation would reinstate “big government policies and programs” and “undermine the Administration’s regulatory agenda.” Specifically, the SAP criticizes workforce development provisions … Continue Reading
This week, the House of Representatives is set to consider H.R. 447, the House Clean Energy Package. Over 150 amendments were offered on the package and today, the House Rules Committee will meet today decide which of those amendments to consider on the House floor. Depending on the outcome of the House Rules Committee meeting, … Continue Reading
The Trump administration recently finalized updates to regulations for environmental impact review of large projects under the National Environmental Policy Act (NEPA). NEPA was originally enacted 50 years ago to reorient federal agencies to consider the environmental impact of projects. It generally requires federal agencies to consider environmental effects of proposed projects before they are … Continue Reading
We are continuing to follow regulatory developments proposed for the heavy-duty vehicle and engine sector. In our most recent blog post on the topic, we covered updates on timing for the United States Environmental Protection Agency (US EPA) Cleaner Trucks Initiative and the California Air Resources Board’s (CARB) efforts related to Heavy-Duty Low NOx Omnibus … Continue Reading
On May 28, 2020, the US Environmental Protection Agency (US EPA) issued its final rule amending the definition of a “small manufacturer” under section 8(a) of the amended Toxic Substances Control Act (TSCA). As a result of the change, some manufacturers and importers who were previously subject to Chemical Data Reporting (CDR) requirements under the current … Continue Reading
Given the current economic stressors affecting the fossil fuel industry, there is growing political interest in investment policies that financial institutions are applying to that industry. On May 7, Republican lawmakers penned a letter to the Trump Administration that cited the economic instability of the COVID‑19 pandemic as the basis for a request for regulatory … Continue Reading
The US Environmental Protection Agency (US EPA) and the California Air Resources Board (CARB) are proceeding with development of proposed rules for on-road heavy-duty vehicle and engine regulation. As previously covered in our blog, US EPA and DOT already issued a final rule in early April rolling back greenhouse gas emission (GHG) standards in the … Continue Reading
In April 2017, the UK Joint Committee on Human Rights suggested that it might be appropriate for a “failure to prevent” mechanism, such as the one found in section 7 of the Bribery Act 2010, to be applied to business and human rights. Earlier this year, the British Institute of International and Comparative Law (“BIICL”) … Continue Reading
On April 29, 2020, US EPA and the CDC issued guidance on how best to disinfect and clean workplaces, schools, and other public spaces as the US economy begins to re-open during the COVID-19 pandemic. The guidance, mainly directed to employers, facility managers, and public school officials, is part of the larger federal “Guidelines for … Continue Reading
From April 2022, the UK government is proposing to introduce a new tax on plastic packaging manufactured in, or imported into, the UK and containing less than 30% recycled plastic. Currently, the detailed policy design for the plastics tax is under consultation until 20 May 2020. Join Anita Lloyd and Caroline Almond for the first … Continue Reading
This webinar will explore the latest developments in Congress regarding additional stimulus legislation and the likelihood that it will include an infrastructure component. We will also focus on challenges associated with environmental permitting in the infrastructure development context, primarily those projects that involve impact to wetlands and streams under the Clean Water Act. The discussion … Continue Reading
From April 2022, the UK government is proposing to introduce a new tax on plastic packaging manufactured in or imported into the UK containing less than 30% recycled plastic. Currently, the detailed policy design for the plastics tax is under consultation until 20 August 2020 (the period has just been extended by 3 months due … Continue Reading
On April 21, 2020, the United States Environmental Protection Agency (US EPA) and the United States Army Corps of Engineers (Corps) published, in the Federal Register, their final rule (2020 Rule) revising the definition of “waters of the United States” and narrowing the scope of waters subject to federal regulation under the Clean Water Act. … Continue Reading
Since the COVID-19 pandemic first hit the United States in early 2020, the US Occupational Safety and Health Administration (OSHA) has been issuing COVID-19 guidance to employers on appropriate ways to address the pandemic, as we previously discussed here, here, and here. The guidance has mirrored recommendations coming from the Centers for Disease Control and … Continue Reading
On April 10, 2020, US EPA issued updated interim guidance to regional offices for dealing with the “challenges posed by the COVID-19 situation.” The guidance applies to all US EPA field activities, including cleanup under the Superfund program, RCRA corrective action, TSCA PCB cleanup provisions, the Oil Pollution Act, and the Underground Storage Tank program. … Continue Reading
