Archives: Emerging Legislation and Regulation

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Titanium dioxide (E171) banned as an additive in foods in the EU

As of 7 February 2022, pursuant to Commission Regulation (EU) 2022/63 (the “Titanium Dioxide Regulation”)[1], titanium dioxide (E171) has been removed from Annexes II and III of Regulation (EC) No 1333/2008 (the “Additives Regulation”), which sets out the regulatory framework for the use of additives in foods in the European Union. Accordingly, since 7 February … Continue Reading

The U.S. Supreme Court Reinstates Water Certification Rule, but Nationwide Permits Remain Subject to Challenge

On Wednesday April 6, 2021, in a 5-4 vote, the U.S. Supreme Court justices stayed a California district court’s October 21, 2021 decision to vacate the Section 401 Water Quality Certification Rule (401 WQC Rule).  The U.S. Environmental Protection Agency (EPA) had requested that the district court remand the rule, saying it was planning to … Continue Reading

EU public consultation on Commission’s review of the RoHS Directive

The European Commission is currently seeking public comment as part of its review of the Restriction of Hazardous Substances in Electrical and Electronic Equipment Directive (Directive 2011/65/EU) (the RoHS Directive). The aim of the RoHS Directive is to reduce the risk to human and environmental health by restricting the use of certain hazardous substances in … Continue Reading

California Clean Hydrogen Bill Targets Alternative Energy Sources for Expansion

A new “Clean Hydrogen Bill” (SB 1075, Skinner) has been introduced in the California Legislature as a means of achieving the State’s goals for reducing greenhouse gas emissions and mitigating climate change. If passed, this bill would significantly increase the emphasis on “green hydrogen” as an alternative fuel in California’s economy, opening up material business … Continue Reading

European Commission proposes to expand the EU emissions trading scheme

Last year, the European Commission published its proposal to expand the EU emissions trading scheme (“EU ETS”). The expansion of the EU ETS forms a central part of the Commission’s “Fit for 55” package, which seeks to revise EU climate, energy and transport-related legislation to align it with the wider 2030 and 2050 climate ambitions … Continue Reading

EPA PFAS testing targeted industry and will now look to public water systems

During 2021, the U.S. Environmental Protection Agency (EPA) collected discharge data for PFAS as part of its Multi-Industry PFAS Study.  The purpose behind the study was to identify facilities producing or using PFAS, look at their wastewater characteristics, estimate PFAS in their discharges, and identify control practices and treatment options.  As part of the study, … Continue Reading

European Commission opens a public consultation on the “sustainable consumption of goods – promoting repair and reuse”

The European Commission recently opened a public consultation on the “sustainable consumption of goods – promoting repair and reuse”. The Commission is looking to amend the Sale of Goods Directive and possibly introduce a separate new legislative proposal on the right to repair. The initiative follows the New Consumer Agenda and the Circular Economy Action … Continue Reading

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
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