Archives: Emerging Legislation and Regulation

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California extends comment period for proposed modifications to Proposition 65 warnings

California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the public comment period for the proposed amendments to their “short-form” Proposition 65 “safe harbor” warning regulations in response to a request from the California Chamber of Commerce. OEHHA’s proposed amendments change existing provisions addressing label size, catalog and internet warnings, and other issues (see here … Continue Reading

California proposes further modifications to its “Short-Form” Proposition 65 warnings

As we reported this past year, the California Office of Environmental Health Hazard Assessment (OEHHA) seeks to significantly amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to limit use of the previous State-approved “safe harbor” short-form warnings for regulated chemicals in consumer products.  The State announced on … Continue Reading

New rules to facilitate intra-EU waste shipments to promote circular economy and tackle the export of illegal waste and waste challenges to third countries

Following the European Commission review of the Waste Shipments Regulation ((EC) No 1013/2006) (WSR) (see our earlier post) the Commission has proposed tougher rules on waste exports, a more efficient system for the circulation of waste as a resource and better addressing the problem of illegal waste shipments. Under the revised proposal, waste exports to non-OECD countries … Continue Reading

EPA issues proposal to reduce GHGs and VOCs from new and existing oil and natural gas sources

In response to President Biden’s Executive Order entitled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” the Environmental Protection Agency (EPA) recently issued a proposed rule taking aim at greenhouse gases (GHG) and volatile organic compounds (VOC) emissions from new and existing oil and natural gas production, processing, transmission, … Continue Reading

Update on OSHA vaccine ETS litigation: Challengers seek hearing en banc as government moves to dissolve stay

After the Sixth Circuit was selected via a lottery in November to hear the consolidated challenges made against the recent OSHA emergency temporary standard (the “ETS”), there has been a flurry of activity in the case.  There are currently two main issues pending before the court, which will certainly shape the dispute: (1) several petitioners … Continue Reading

The U.S. Army Corps of Engineers pauses certain Section 404 nationwide permits

On November 4, 2021, the Army Corps of Engineers (ACOE) announced that it is pausing all requests for coverage under 12 nationwide permits (NWPs) issued earlier this year, including widely used permits for utility and oil and gas projects, among others.   The announcement followed a California district court’s decision vacating the Section 401 Water Quality … Continue Reading

UK product safety regime: OPSS publishes its call for evidence response

In March 2021, the Office for Product Safety and Standards (“OPSS”) published a call for evidence seeking views on possible changes to the UK product safety regime post-Brexit, including to address new methods of manufacture and distribution, new products and technologies such as artificial intelligence, and environmental considerations. Following the deadline to respond to the … Continue Reading

Post-COP26: A follow-up briefing on key business issues

Prior to COP26, we published an article that identified several issues being discussed at COP26 that could be of critical importance to business. During COP26, we followed the developments of these issues in a special Viewpoints series. And now that COP26 is concluded, people are asking: What impact did it have? Where does the world … Continue Reading

OSHA’s vaccine ETS has arrived for large private employers

On October 21, 2021, we published an article called “Waiting for OSHA: pending vaccine ETS and increased enforcement.” In the article, we discussed the then-pending Emergency Temporary Standard (ETS) regarding vaccinating the workforce OSHA was tasked with developing by President Biden in his “Path Out of the Pandemic” memorandum. The ETS is scheduled to be … Continue Reading

Waiting for OSHA: pending vaccine ETS and increased enforcement

Since President Joe Biden issued his “Path Out of the Pandemic” memorandum and Executive Order 14042 on September 9, 2021, employers have had to navigate piecemeal instructions on vaccine mandates.  For example, federal contractors and subcontractors received vaccine mandate guidance from the Safer Federal Workforce Task Force on September 24, 2021.  However, employers should not … Continue Reading

COP26 – The benchmarks for its success or failure

The United Nations Framework Convention on Climate Change (UNFCCC) was established at the first Rio Earth Summit in 1992. More than 200 countries are “party” to the UNFCCC, and these countries meet every year (with the exception of 2020, due to COVID-19) at the Conference of the Parties (COP). The meeting of the UNFCCC in … Continue Reading

UK plans carbon border adjustment mechanism

Last month, the Environmental Audit Committee (‘EAC’) launched an inquiry into a potential future carbon border adjustment mechanism (‘CBAM’) for the UK. The objective of introducing a CBAM would primarily be to address the risk of carbon leakage in the UK industrial sectors caught by the nascent UK Emissions Trading Scheme (‘UK ETS’), i.e. switching … Continue Reading

EU proposal to amend the Radio Equipment Directive to require single mobile chargers

On 23 September, the European Commission took a step towards consumers’ convenience and minimising the environmental footprint associated with the production and disposal of chargers. A proposal to amend the Radio Equipment Directive 2014/54/EU (RED) aims to make a single charger for mobile devices mandatory. Although the number of mobile phone chargers had previously been … Continue Reading

Recent C-Suite analysis regarding ESG indicated genuine commitment overall, but “least” focus on environmental issues

A report published September 1, 2021  by analytics provider Intelligize (“Report”) revealed that companies were “all over the map” when it came to current disclosure practices on Environmental Social and Governance (“ESG”) issues and that their executives and other professionals showed a “troubling” lack of knowledge about ESG issues. The survey responses came from hundreds … Continue Reading

European Commission publishes new initiatives concerning sustainable transportation

Last month, the European Commission published two new proposals for EU regulations to encourage the use of sustainable fuels in aviation and shipping – namely the ReFuelEU Aviation and FuelEU Maritime initiatives, respectively. Both proposals are subject to public feedback until 5 October.… Continue Reading

IPCC releases a portion of updated Climate Report

The first installment of the UN’s Intergovernmental Panel on Climate Change  (IPCC) Sixth Assessment Report (AR6), which will be completed in 2022, was released on August 9, 2021.  As it has in the run up to previous important Conferences of the Parties (COPs) under the UNFCCC, the IPCC released an updated report in the middle … Continue Reading

Signs of the times: Environmental related ESG offerings

A number of signs point to the fact that public companies should expect increased scrutiny on whether their environmental-related ESG offerings, practices and controls are consistent with their disclosures, claims and marketing material. SIGN #1: The Securities and Exchange Commission (SEC or Commission) announced that New Jersey Attorney General Gurbir Grewal will become the next … Continue Reading

EU Commission proposes to adapt product laws for the modern world

In recent weeks the EU Commission has provided detailed updates on its plans to amend two significant pieces of product law: the General Product Safety Directive (GPSD), and the Civil Liability Rules. A key motivation behind these updates is the EU’s desire to ensure that the law keeps pace with the rapid development of technology, … Continue Reading

EU adoption of new Strategic Framework on Health and Safety at Work: emphasis on change, prevention and preparedness

The European Commission has recently adopted its new, “EU Strategic Framework on Health and Safety at Work 2021-2027” (COM/2021/323, available here), bringing new health and safety priorities and actions for a fast changing post-pandemic workplace. The post-pandemic working landscape has significantly changed, fuelled recently by green and digital evolution and influenced by economic and demographic … Continue Reading

Electrifying transportation network companies in CA: Updates to SB 1014’s Clean Miles Standard + Incentive Program

As we reported, the California Legislature passed SB 1014 – the Clean Miles Standard and Incentive Program (the “Clean Miles Program”) – to reduce greenhouse gas emissions from “rideshare” vehicles. This led to the creation of the Clean Miles Standard regulation, which the California Air Resources Board (“CARB”) fully adopted in May 2021 after receiving stakeholder … Continue Reading

ESG Watch: Carbon Tax vs. Clean Energy Standard

Many public companies are keeping a close watch on potential GHG regulations because the shape of these regulations can significantly affect their regulatory and reporting obligations and thus affect their ESG obligations. There is a significant difference between two recent proposals on that front. CARBON TAX: The concept of a carbon tax is simple: fossil … Continue Reading
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