US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act

On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to adjacent wetlands that are ‘indistinguishable’ from those bodies of water due to a ‘continuous surface connection’” a test first articulated in the plurality opinion in Rapanos v. United States, 547 US 715 (2006).

Read the full publication here.

From Farm to Table: How the Supreme Court’s Pork Ruling Impacts States’ Rights and Doing Business in California

By Danelle Gagliardi on June 7, 2023 Posted in Rulemaking & Policy Development

In a heavily fractured decision last month, the U.S. Supreme Court held in National Pork Producers Council, et al v. Ross, et al, that a California law (Cal. Health & Safety Code 25991, known as Proposition 12), which forbids the in-state sale of whole pork meat that comes from breeding pigs “confined in a cruel manner,” did not violate the Dormant Commerce Clause impermissibly burdening interstate commerce. While the decision deeply impacts the pork industry, it may also have broader impacts on states’ rights and ultimately impact all types of companies doing business in California.

Plastic Packaging Tax: Proposed Updates to Recycled Content Definition to Facilitate Chemical Recycling

By Squire Patton Boggs on May 18, 2023 Posted in Environmental, Rulemaking & Policy Development

The UK’s Plastic Packaging Tax (PPT) was introduced in April 2022. It was initially set at £200 per tonne (£210.82 since April 2023) and applies to importers and manufacturers of plastic packaging with less than 30% recycled content. HM Revenue & Customs (HMRC) has been seeking to raise more awareness of PPT and has indicated that the “soft landing” first year of the new tax has ended, and enforcement should now be expected for non-compliance.

Read the full publication here.

Heavy-Duty Regulatory Update: Reviewing US EPA’s Waiver for CARB’s Advanced Clean Trucks Regulations and US EPA’s Proposed Phase 3 GHG Emissions Standards

By Katherine Wenner and Jennifer Tharp on April 28, 2023 Posted in Air Quality, Environmental, Rulemaking & Policy Development

Our team at Squire Patton Boggs monitors developments surrounding the heavy-duty vehicle and engine sector. Our last blog post on this topic covered updates on US EPA’s proposed Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and California Air Resources Board’s (CARB’s) rulemaking for off-road diesel engine regulations. In this post, we will discuss CARB’s Advanced Clean Trucks Regulation (ACT Regulation), US EPA’s recent waiver approval for the ACT Regulation, US EPA’s recent Phase 3 greenhouse gas (GHG) emissions standards, and expectations for other developments in the sector moving forward.

Reviewing US EPA’s New Cybersecurity Evaluation Requirements in Sanitary Surveys Conducted at Public Water Systems

By Katherine Wenner on March 24, 2023 Posted in Clean Water Act, Environmental, Municipal Utilities

Previously, we discussed the Biden-Harris Administration’s emphasis on cybersecurity in the water utility sector. This month, the Administration continued that trend by issuing a final memorandum interpreting the regulatory requirements pertaining to public water system (PWS) sanitary surveys to require that states evaluate operational technology for cybersecurity when conducting the periodic sanitary surveys. A fact sheet issued by US EPA also provides a brief outline of the new memorandum’s requirements.

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 March 17, 2023 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 containers sold in Scotland had registered with the scheme.

However, as the “go live” date moves closer, there are still challenges around how the DRS will operate in practice. For producers and retailers, who have new legal obligations under the scheme, this raises questions around how to ensure their compliance in time.

New and Updated Guidance on the Scope of the UK Plastic Packaging Tax

By Oliver Bristow on March 3, 2023 Posted in Climate Change & Sustainability, Environmental

The Plastic Packaging Tax (the Tax) came into force on 1 April 2022 and applies to finished plastic packaging components (PPC) produced for commercial purposes or imported into the UK that contain less than 30% recycled plastic by weight. Since our previous article and our FAQ for businesses explaining the Tax, HMRC has updated its original guidance to help businesses better understand the Tax. This comes partly because there have been fewer registrations from businesses who consider themselves liable for the Tax than HMRC had anticipated. HMRC has also published a new piece of guidance containing provisions regarding secondary liability and joint and several liability for the Tax.

Greenwashing: UK Regulator Investigation and Further Guidance for Businesses

By Squire Patton Boggs on February 21, 2023 Posted in Environmental, Rulemaking & Policy Development

The UK Regulator – the Competition and Markets Authority (“CMA”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“FMCG”).

In this piece, our IP and Technology colleagues discuss the FMCG investigation and the Advertising Standards Authority’s (“ASA“) pursuit of misleading green claims. Read the full publication on our Global IP & Technology Blog.

Revamping of Cosmetics Regulation and Safety

By Squire Patton Boggs on February 2, 2023 Posted in Health & Safety, Rulemaking & Policy Development

President Biden signed into law the “Consolidated Appropriations Act, 2023” on December 29, 2022 (the enactment date). The Act includes the Modernization of Cosmetics Regulation Act of 2022 (“MOCRA”) which increases the authority of the United States Food and Drug Administration (“FDA”) to regulate cosmetics and provide enhanced protections for consumers. The new law includes funding authorizations for implementation totaling $165-millon over federal fiscal years 2023 through 2027. We have prepared a summary of the key updates in MOCRA, timing of the changes, and other insights the cosmetics industry needs to be prepared.

Read the full publication here.

Key Federal PFAS Regulatory Developments in 2022 and 2023

By Charli Davis on February 1, 2023 Posted in Chemicals & Products, Rulemaking & Policy Development

In 2022, US EPA indicated that it would take a more aggressive stance on per- and polyfluoroalkyl substances (PFAS). US EPA developed a PFAS Strategic Roadmap for 2021-2024 that sets timelines by which US EPA plans to take specific actions and sets out its three main directives: 1) research PFAS exposure; 2) restrict PFAS from entering the environment; and 3) remediate PFAS releases. US EPA has taken several actions to follow its roadmap, including the following: