California lawmakers recently took a step towards regulating the integrity of carbon dioxide removal (CDR) strategies. If the law passes, it will impact carbon emissions reporting and compliance activities in California. Senate Bill 285 (SB 285), which is set for a hearing on April 2, 2025, aims to establish standards for CDR strategies to ensure
French Ban on PFAS
Targeted by environmental associations and NGO in France for several years, perfluoroalkyl and polyfluoroalkyl substances (PFAS) have reached a decisive turning point. Used in various industrial sectors since the 1940s for their non-stick, waterproof, and heat-resistant properties, these chemicals have been the focus of intense political debate in France due to their toxicity and persistence
EPA to Roll Back 31 Environmental Rules
Yesterday, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will undertake 31 historic actions in the “greatest and most consequential day of deregulation in U.S. history,” mostly aimed at reducing or eliminating regulations regarding air pollution, energy production for coal plants, and DEI.
Of these actions, one of the most consequential is rolling
Trump Administration Attempts Another Overhaul of NEPA
Background
The Council on Environmental Quality (CEQ) published an interim final rule (Rule) in the Federal Register that removes its regulations implementing the National Environmental Policy Act (NEPA) at 40 CFR § 1500 et seq., effective April 11, 2025. CEQ seeks comments on the Rule to inform its decision process, due March 27, 2025.
NEPA is
Environmental Health and Safety Changes Anticipated Under the New Administration
As President Trump begins his second term, companies should prepare for significant shifts in environmental health and safety (EHS) regulations and enforcement. This alert outlines key anticipated changes, including leadership transitions, potential staffing impacts, using executive orders to change agency priorities, and regulatory rollbacks.
1. Leadership Changes
Department of Labor (DOL): The DOL is
OSHA Releases Proposed Heat Injury and Illness Prevention Standard
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released the official text of its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed standard. OSHA has been developing this standard since 2021, which will likely be finalized later this year.
The standard includes general mandates for all covered employers
OEHHA Moves Forward with Changes to Proposition 65 Short-Form Warning Requirements
On June 13, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) opened a 15 day public comment period (expiring June 28) for interested parties to comment on the State’s proposed changes to regulations that require additional information in future warnings on consumer products that contain chemicals linked to cancer or birth defects.
As
The Biden Administration and U.S. Agencies Publish a Joint Policy Statement and Principles on Voluntary Carbon Markets
Action
On May 28, 2024, the U.S. Departments of Treasury, Agriculture, Energy, and White House representatives published a joint Policy Statement on voluntary carbon markets (VCMs). The Policy Statement sets out seven principles to guide engagement with VCMs, and the principles are designed to ensure that VCMs are effective, fair, and equitable, and instill market
U.S. Environmental Protection Agency Designates Two PFAS Compounds as Hazardous Substances Under CERCLA
Introduction
On April 19, 2024, the Environmental Protection Agency (EPA) announced a final rule adding perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to the list of hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the “Superfund” statute. This designation, which had been expected for several years
SEC Approves Long Awaited Climate Disclosure Rules
On March 6, 2024, the Securities and Exchange Commission (“SEC”) approved the long awaited and controversial Climate-Related Disclosure Rules. The proposed rules were originally published in March 2022 and have undergone significant revisions since then. Per the SEC, “The final rules will become effective 60 days following publication of the adopting release in the Federal Register, and compliance dates for the rules will be phased in for all registrants, with the compliance date dependent on the registrant’s filer status.” While the final rules will be phased in over the next decade, certain parts are set to take effect for large companies in 2025.
Under the landmark final rules, registrants, which includes large accelerated filers, accelerated filers, and non-accelerated filers, will have to disclose Scope 1 and 2 emissions that have a “material” impact on their business strategy, results of operations, or financial condition. Additionally, the rules require registrants to disclose the following:
- Where a registrant has undertaken activities to mitigate or adapt to a material climate-related risk, a quantitative and qualitative description of material expenditures that directly result from such mitigation or adaptation activities;
- A registrant’s activities, if any, to mitigate or adapt to a material climate-related risk including the use, if any, of transition plans, scenario analysis, or internal carbon prices;
- Any oversight by the board of directors of climate-related risks and any role by management in assessing and managing the registrant’s material climate-related risks;
- Any processes the registrant has for identifying, assessing, and managing material climate-related risks and, if the registrant is managing those risks, whether and how any such processes are integrated into the registrant’s overall risk management system or processes;
- Information about a registrant’s climate-related targets or goals, if any, that have materially affected or are reasonably likely to materially affect the registrant’s business, results of operations, or financial condition;
- The capitalized costs, expenditures expensed, charges, and losses incurred as a result of severe weather events and other natural conditions; and
- The capitalized costs, expenditures expensed, and losses related to carbon offsets and renewable energy credits or certificates if used as a material component of a registrant’s plans to achieve its disclosed climate-related targets or goals.
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