On August 24, 2020, EPA announced an emergency exemption in the state of Texas that permits American Airlines and Total Orthopedics Sports & Spine to use an antiviral that kills microbes like COVID-19 on surfaces for up to seven days. This exemption request was submitted under Section 18 of the Federal Insecticide, Fungicide and Rodenticide … Continue Reading
On August 13, 2020, the U.S. Environmental Protection Agency (EPA) issued two final rules—a Methane Policy Rule and an Inspection Rule —rolling back portions of its New Source Performance Standards (NSPS) for the oil and gas industry. In explaining these changes, EPA Administrator Andrew Wheeler stated that the EPA rescinded portions of the Methane Policy … Continue Reading
The California Air Resources Board (“CARB”) has again proposed revisions to the State’s existing “Ocean-Going Vessels At-Berth Regulation” of air emissions from ships docked in California. As revised, further reductions in air emissions will be required, but some of the earlier implementation dates have been extended. Most substantive changes were made in response to feedback … Continue Reading
Products claiming to protect users against microbes, such as those that are currently being used to protect us from COVID-19, are flying off the shelves. Manufacturers of these products must comply with regulations governing the use of such pesticides. One of said regulations is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, EPA … Continue Reading
California is inviting public comments on a proposed regulation that would exclude the need to place warnings on many cooked, baked or fried food items that may expose individuals to acrylamide, a chemical the State has deemed to be a carcinogen. California’s Safe Drinking Water and Toxic Enforcement Act (aka “Proposition 65”) prohibits businesses from knowingly … Continue Reading
Today, President Trump signed the Great American Outdoors Act (GAOA) into law, which may be considered one of the most significant land conservation laws passed in decades. The legislation has two main impacts. First, the GAOA establishes a National Park and Public Lands Legacy Restoration Fund that will provide up to $9 billion over the … Continue Reading
The UK Government has opened a consultation on a proposed UK carbon emissions tax with public submissions due by 29 September 2020. The UK will no longer be participating in the EU Emissions Trading System (EU ETS), as of 31 December 2020. To enable the UK to meet its carbon reduction targets from 1 January … Continue Reading
Earlier this month, the White House Council for Environmental Quality (CEQ) finalized its update of the governing regulations for the National Environmental Policy Act (NEPA) rule. This marks the first comprehensive review of NEPA since its 1978 promulgation. Entitled, “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act,” it seeks … Continue Reading
A U.S. District Court recently barred enforcement of California’s Proposition 65 warning requirement on the First Amendment ground of “compelled speech.” Proposition 65 requires businesses to provide warnings to consumers before exposing them to over 900 chemicals linked to cancer or reproductive toxicity. Although the State of California will almost certainly appeal the decision, National … Continue Reading
In a historic act, U.S. EPA proposed the nation’s first-ever greenhouse gas (GHG) emissions standard for aircraft on July 21, 2020. (Proposed Rule). Once the Proposed Rule is published in the Federal Register, the public will have 60 days to submit comments. There will likely be significant push back from environmental groups on the Proposed … Continue Reading
Individual states’ safety agencies have undertaken the development of their own workplace safety rules in response to potential hazards from COVID-19 as the Occupational Safety and Health Administration (OSHA) has declined to promulgate specific standards and instead relied on existing regulations and guidance. Specifically, Virginia recently published a temporary emergency COVID-19 rule, while Oregon has … Continue Reading
On July 9, 2020, the Fifth Circuit held that the mechanical integrity requirements of the Occupational Safety and Health Administration (OSHA) process safety management (PSM) standard for highly hazardous chemicals applies to emergency stops that would only be activated after a release. The case—Sanderson Farms v. Occupational Safety and Health Review Commission (OSHRC)—centered on the … Continue Reading
A group of 15 states and the District of Columbia agreed to collaborate on advancing and accelerating the market for electric medium- and heavy-duty vehicles, including large pickup trucks and vans, delivery trucks, box trucks, school and transit buses, and long-haul delivery trucks (big-rigs). The goal of this initiative is to ensure that 100 percent … Continue Reading
On July 13, 2020, the Environmental Protection Agency (EPA) published the Clean Water Act Section 401 Certification Rule. The rule is set to become effective on September 11, 2020, and will introduce comprehensive changes to the regulations governing how states and authorized tribes certify water quality under Section 401 of the Clean Water Act (CWA).… Continue Reading
The European Commission is currently seeking public comment as part of its review of the EU General Product Safety Directive (GPSD) (Directive 2001/95/EC). The GPSD sets out a broad regulatory framework for the placement of non-food consumer products (not regulated by other product specific EU legislation) on the EU market. In particular, it establishes the … Continue Reading
The California Air Resources Board (CARB) will conduct a public workshop later this month as it continues its efforts to expand the state’s development of the Clean Miles Standard (CMS). As was earlier reported, the CMS will require ridesharing companies, aka transportation network companies (TNCs), to account for, and reduce, the greenhouse gas (GHG) emissions … Continue Reading
1. Pipeline May Cross Underneath the Appalachian Trail with Forest Service Approval On June 15, 2020, the U.S. Supreme Court (SCOTUS) held in a 7-2 decision that the U.S. Forest Service had the authority to grant developers of a gas pipeline right-of-way underneath the Appalachian National Scenic Trail. At issue in this case was whether … Continue Reading
In 2016, Congress enacted major reforms to the Toxic Substances Control Act (TSCA). These improvements included items such as: (1) a mandatory requirement for the U.S. Environmental Protection Agency to evaluate existing chemicals with clear and enforceable deadlines; (2) risk-based chemical assessments; (3) increased public transparency for chemical information; and (4) a consistent source of … Continue Reading
The UK has published its plans for the UK ETS starting in 2021. In the UK, this will replace the EU ETS, which the UK is set to leave at the end 2020 with the termination of the Brexit transition period. It is part of the UK government’s plan to drive domestic and international action … Continue Reading
On June 1, 2020, the U.S. Environmental Protection Agency (EPA) announced final action to reduce emissions of ethylene oxide (EO) from certain sources. EO is an intermediary chemical used to make plastics, textiles and antifreeze, and also is used to sterilize medical devices. Scrutiny of EO has increased in the past few years due to … Continue Reading
On May 18, the AFL-CIO filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) protecting U.S. workers against COVID-19. However, on June 11, the U.S. Court of Appeals rejected … Continue Reading
The California Air Resources Board (CARB) will conduct a public Board hearing later this month as it continues its efforts to expand the state’s existing Ocean-Going Vessels At-Berth Regulation to further reduce air emissions from ships docked in California. As earlier reported, CARB recently released further modifications to the at-berth rulemaking documents (15-day change). Due … Continue Reading
The European Commission has recently launched a public consultation on the proposed review of the EU Waste Shipment Regulation (WSR) (EU Regulation No 1013/2006). The current WSR regulates the transboundary movement of waste and establishes a strict control regime for the shipment of waste between EU Member States and non-EU countries, and the transport of … Continue Reading
This month’s notable U.S. Supreme Court (SCOTUS) actions involve what the Court declined to review rather than any actual decisions. Declined to review: Fuel blenders exemption under the EPA’s RFS program On May 18, 2020, SCOTUS declined to review the U.S. Environmental Protection Agency’s (EPA) policy that fuel blenders are not responsible for mixing biofuels … Continue Reading
