Archives

Prop 65 Regulatory Update for the Food & Cannabis Industry: OEHHA Proposes Specialized Warnings for Exposures to Acrylamide from Food & Exposures to Smoke from Cannabis/THC Products

Food has become a bigger and bigger target for enforcement under Prop 65 over the last few years, and acrylamide in particular has been the subject of scrutiny by both the California Office of Environmental Health Hazard Assessment (OEHHA) and in pending litigation. You can find our prior post on this subject here. Now, OEHHA … 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

Significant Activity Follows US EPA’s TSCA Asbestos Risk Evaluation

The US Environmental Protection Agency’s (EPA’s) December 30, 2020 issuance of its risk evaluation for asbestos under Section 6 of the Toxic Substances Control Act (TSCA) has generated considerable attention and activity, which will likely keep interested parties and the courts busy for quite some time. As background, TSCA Section 6 requires EPA to prepare risk … Continue Reading

2021 Women in Energy & Environment Webinar Series

In January, our four-part 2021 Women in Energy & Environment Webinar Series reached an industry-leading, global audience of more than 450 professionals. The series covered the following key and emerging issues facing the global regulated community today: Embedding Environmental, Social and Corporate Governance Into the New Normal – Returning From the Pandemic Key Regulatory Issues in … Continue Reading

Developments in Mobile Source Regulation: US EPA’s Updated Tampering Policy

The second half of 2020 sped by with all the fleetness of a supercharged truck. In case you missed it, Squire Patton Boggs has provided a recap of the Agency’s revised tampering policy as well as trends in the broader industry. Although we expect the new administration to lead to changes in approach to mobile … Continue Reading

President Biden Signs Executive Order on Protecting Worker Health and Safety

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

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

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

Looking Ahead to 2021: Implications of a Change in US Administration on Environmental Policy

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

Trump Administration Issues Proposed Rule to Fast-Track Environmental Permitting for Mining Projects

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 Releases Draft National Recycling Strategy for Comment

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

Judicial Review of US Lead Hazard Rule Suggests Debate Will Continue

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

Climate Change Lawsuit Reaches the US Supreme Court

The US Supreme Court recently granted certiorari in an important climate change lawsuit, BP P.L.C. v. Mayor and City Council of Baltimore. The lawsuit pits the Mayor and City of Baltimore against twenty-six multinational oil and gas companies that Baltimore claims are responsible for climate change. Baltimore alleges that the companies contributed to climate change … Continue Reading

Talk to the Experts Virtual Forum: Complying With REACH – Why Changes to Chemicals Regulation Matter Across Many Industrial Sectors in a Post-Brexit World

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

Prop 65 Victory For Chemical Industry In Monsanto Case Has Been Appealed

On June 22, Judge William B. Shubb of the US District Court for the Eastern District of California granted Monsanto’s motion for summary judgment and imposed a permanent injunction on the enforcement of Proposition 65 for glyphosate (the active ingredient in Roundup) in the closely followed case National Association of Wheat Growers v. Becerra.  The … Continue Reading

Movement on US House and Senate Energy Packages

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

US House of Representatives to Consider Clean Energy Package

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

Supporters of US Plastic Pollution Reduction Bill Press On Despite Challenging Times

The coronavirus pandemic has resulted in increased use of disposable plastics and plastic waste reduction efforts have experienced setbacks as the need for these products grows. Nonetheless, proponents of a federal bill aimed at reducing plastic waste, the “Break Free From Plastic Pollution Act,” (the Act) continue to advocate for its passage.  Recently, Sen. Tom … Continue Reading

After Almost Four Decades, White House Issues New NEPA Regulations–Lawsuits Likely

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
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