Emerging Legislation and Regulation

On Wednesday April 6, 2022, 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

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

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

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

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, EPA collected data from various EPA data sets and obtained information from other federal agencies (the U.S. Department of Transportation, Federal Aviation Administration (FAA), U.S. Department of Health and Human Services, and the Food and Drug Administration), states and EPA regions, as well as information from industrial users.  After EPA collected its data, it categorically broke down the results of its study into the following groups:

  1. Organic chemicals, plastics, and synthetic fibers (OCPSF)
  2. Metal finishing
  3. Pulp, paper, and paperboard
  4. Textile mills
  5. Commercial airports

The information collected by EPA during its study will be used to further identify companies and facilities that manufacture, import, or process PFAS.

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

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

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