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‘A New Vision for Water’ – Defra’s White Paper and Other January 2026 Developments

By Caroline Almond, Francesca Puttock, Cristina Vela Gonzalez and Jody Li on Posted in Environmental, Uncategorized, Water Quality, Water Rights & Resource Management
It has been a busy start to the new year for water law and policy with various developments published in the last couple of weeks. Following the release in December 2025 of the Environmental Improvement Plan (EIP), which lists a number of commitments on water, Defra published a long awaited Water White Paper this week … Continue Reading

Advertising Standards Authority (ASA) Publishes Guidance on Advertising of Less Healthy Food and Drink Products

By Nicola Smith, Francesca Puttock and Abigail Harcombe on Posted in Alcohol, Food and Entertainment Licensing, Food Safety, Supply Chain, Uncategorized
The highly anticipated ASA guidance on the advertising of less healthy food and drink products (Guidance) was published on 5 December 2025. This follows the ASA’s autumn 2025 consultation on the implementation of the less healthy food and drink advertising restrictions, and in particular how this would affect brand advertising. Legal Context for the Guidance … Continue Reading

U.S. Supreme Court’s Jarkesy Ruling Shifts Power for Federal Enforcement

By Squire Patton Boggs on Posted in Uncategorized
Keith Bradly, Squire Patton Boggs (US) LLP Partner and Co-Chair of the Appellate and Supreme Court Practice, authored an article for Bloomberg Law discussing the U.S. Supreme Court’s recent decision in SEC v. Jarkesy. The Court found that when the Securities Exchange Commission (SEC) seeks civil penalties for securities fraud, the Seventh Amendment affords a … Continue Reading

FDA Delays Enforcement of MOCRA Deadlines for Facility Registration and Product Listing to July 1, 2024

By John Wyand, Jennifer Tharp, Jennifer Satterfield and Madeline Mischler on Posted in Chemicals & Products, Rulemaking & Policy Development, Uncategorized
On November 9, 2023, the FDA published notice of final guidance that delays FDA’s enforcement of some facilities’ registration and product listing compliance requirements under MOCRA to July 1, 2024. This enforcement delay applies to facilities that “engaged in manufacturing or processing of a cosmetic product” or products as of MOCRA’s enactment date (December 29, … Continue Reading

Deposit return scheme: Circularity Scotland hails “milestone” producer registration and reaffirms August 2023 launch date amid growing scepticism

By Nicola Smith and Francesca Puttock on Posted in Alcohol, Food and Entertainment Licensing, Climate Change & Sustainability, Environmental, Food Safety, Product Safety, Uncategorized
With a planned launch date of 16 August 2023, the pressure is on for the Scottish government to deliver the deposit return scheme (“DRS”) for drinks containers. Despite increased scrutiny of industry readiness, Circularity Scotland (“CSL”) reaffirmed on 2 March that the scheme is on track and that producers responsible for more than 95% of … Continue Reading

UK Government Proposes 1,000 Fold Increase in Fines for Water Companies

By Francesca Puttock on Posted in Climate Change & Sustainability, Environmental, Environmental Protection, Uncategorized, Water Quality
The number of pollution incidents allegedly perpetrated by water companies in the UK has risen sharply in the last few years. On 3 October 2022, the UK Government shared proposals to raise the maximum cap on civil penalties for pollution incidents to unprecedented levels – from £250,000 up to £250 million per violation. If retained … Continue Reading

WARNING: California Prop 65 Enforcement of THC Listing from CBD Products Became Effective January 3, 2021

By Danelle Gagliardi on Posted in Alcohol, Food and Entertainment Licensing, Chemicals & Products, Product Safety, Rulemaking & Policy Development, Uncategorized
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

The Future of Green Energy – UK Perspective

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Energy & Utilities, Rulemaking & Policy Development, Uncategorized
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

US EPA Issues New Guidance for Hazardous Waste Cleanup & Emergency Response Sites Impacted by COVID-19

By Squire Patton Boggs on Posted in CERCLA/RCRA, Environmental Protection, Rulemaking & Policy Development, Solid & Hazardous Waste, Toxic & Mass Tort, Uncategorized
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

US EPA Finalizes Rule Employing “SNUR-Only” Approach for TSCA New Chemical Reviews

By Nicole Bothwell on Posted in Health & Safety, Rulemaking & Policy Development, Uncategorized
On April 5, 2019, US EPA finalized significant new use rules (SNURs) for 13 new chemical substances under section 5(a)(2) of the Toxic Substances Control Act (TSCA). Notably, the 13 chemicals are not also subject to orders under TSCA section 5(e) or 5(f) – an approach that differs substantially from US EPA’s long-standing past practice. … Continue Reading

Four Things to Know About US EPA’s Draft WOTUS Rule

By Rees Alexander on Posted in Administrative Procedures Act, Clean Water Act, Environmental Due Diligence, Environmental Litigation, Environmental Protection, Municipal Utilities, Property Acquisition, Site Remediation & Brownfields Redevelopment, Rulemaking & Policy Development, Uncategorized, Water Quality, Waters of the United States
On February 14, 2019, the US Army Corps of Engineers and US EPA (Agencies) published in the Federal Register the proposed rule to revise the definition of “Waters of the United States,” the term that identifies the scope of federal jurisdiction under the Clean Water Act.  The proposed rule is the second step in a two-part process … Continue Reading

Legal Challenges Ahead After President Trump Reduces Utah National Monuments

By Alex Arensberg on Posted in Environmental Litigation, Environmental Protection, Mining & Natural Resources, Rulemaking & Policy Development, Uncategorized
On December 4, 2017, President Trump issued two Presidential Proclamations reducing the size of Bears Ears and Grand Staircase-Escalante National Monuments by more than 800,000 acres and 1.1 million acres, respectively.  Bears Ears and Grand Staircase-Escalante National Monuments had been previously created by Presidents Obama and Clinton pursuant to the Antiquities Act of 1906.  The announcement by … Continue Reading

D.C. Circuit Declines Review of US EPA Practices on Blending and Mixing Zones

By Rees Alexander on Posted in Clean Water Act, Environmental Litigation, Environmental Protection, Municipal Utilities, Rulemaking & Policy Development, Uncategorized, Water Quality
On February 28, the D.C. Circuit in Center for Regulatory Reasonableness v. US EPA dismissed a challenge to statements made by the US EPA regarding two wastewater treatment techniques – blending and the use of mixing zones. US EPA previously prohibited these techniques in specified circumstances, and in 2013, the Eighth Circuit vacated these prohibitions in Iowa League … Continue Reading

UK Green Paper on Industrial Strategy: Environment Safety and Health Implications

By Nicola Smith on Posted in Alcohol, Food and Entertainment Licensing, Chemicals & Products, Environmental Due Diligence, Environmental Litigation, Environmental Protection, Health & Safety, Rulemaking & Policy Development, Toxic & Mass Tort, Uncategorized
The UK Government has published a Green Paper on Industrial Strategy, which identifies a number of challenges over the coming years, including: building on existing strengths and extending excellence into the future (with reference to the UK’s global reputation in industrial sectors – from automotive and aerospace to financial and professional services and the creative … Continue Reading

US District Court Strikes Down BLM Rule for Hydraulic Fracking on Federal and Tribal Land

By Alex Arensberg on Posted in Administrative Procedures Act, Energy & Utilities, Mining & Natural Resources, Native American Affairs & Federal Indian Law, Rulemaking & Policy Development, Uncategorized
On June 21, 2016, the US District Court for the District of Wyoming set aside the US Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal and Native American lands, finding that BLM lacked Congressional authority to promulgate the regulations.  “Congress has not delegated to the Department of Interior the authority to regulate … Continue Reading
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