California has joined dozens of nations in a global pact to preserve biodiversity and prevent species loss by pledging to conserve 30 percent of the state’s land and coastal water by 2030 (“30 by 30”). Governor Gavin Newsom signed the executive order earlier this month, which also directs the state to streamline approval of land restoration … Continue Reading
When a proposed project in California, say a new condominium or a power plant, requires environmental review under the California Environmental Quality Act (CEQA), a project opponent can, effectively, block a project from moving forward even if it has the necessary approvals from the local government agency that has oversight. This is because the project … Continue Reading
Within the last few days, the European Commission has opened the ‘public consultation’ stage of its evaluation of the law relating to both electromagnetic compatibility and packaging waste. Evaluation of the Electromagnetic Compatibility (EMC) Directive 2014/30/EU Although the EMC Directive was implemented fairly recently, it largely incorporated its predecessor directive without any major amendments. As … Continue Reading
Recently, several health and safety groups, including the National Safety Council, the American College of Occupational and Environmental Medicine, and 20 other safety organizations recommended in a letter to the U.S. House of Representatives to hold hearings on the workplace and public safety implications of the proposed Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 … Continue Reading
The European Commission has opened a consultation on a potential legislative proposal on substantiating green claims made when advertising and marketing products. The proposals are intended to implement one aspect of the European Green Deal which states, among other things, that “Companies making ‘green claims’ should substantiate these against a standard methodology to assess their … Continue Reading
California will ban the sale of new, gasoline-powered cars by 2035, an aggressive action by Governor Gavin Newsom to combat the causes of climate change. The executive order Newsom signed will require that all new passenger vehicles sold in California beginning in 2035 be “zero-emission.” That category currently includes battery-powered electric cars and those running … Continue Reading
On 14 September 2020, the European Commission published its “Sustainable Products Initiative”, which aims to revise the existing Ecodesign Directive in order to meet the product sustainability objectives set out in the Circular Economy Action Plan. The Circular Economy Action Plan seeks to make products fit for a climate neutral, resource efficient and circular economy, … Continue Reading
On 3 September 2020 the European Commission released an updated action plan (available here) on critical raw materials (CRMs). In doing so, it has added bauxite, lithium, titanium and strontium to the existing list of CRMs, which now stands at 30 materials. The Commission also released a foresight report (available here) at the same time, … Continue Reading
We recently reported on a potentially seminal California court decision that struck down Proposition 65 warning requirements for a consumer product on grounds of “compelled speech.” As anticipated, the State is appealing the decision to the U.S. Court of Appeals for the Ninth Circuit, according to a notice filed Wednesday, September 9th. The State Office of Environmental … Continue Reading
In 1996, the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (“Current Solid Waste Law”) was established. In 2015, almost 20 years later, this PRC Law was first revised and has since worked to take proper precautions for the environment. However, on 29 April 2020 the Standing Committee of the … Continue Reading
On August 31, 2020, the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed the final rule (referred to as the Steam Electric Reconsideration Rule) initially proposed last year to revise the technology-based effluent limitations guidelines and standards (ELGs) for common types of wastewater discharges from electric power generating facilities. This final rule rolls back … Continue Reading
The UK Government has published new guidance on the UKCA product-marking framework which replaces the current EU CE marking regime in Great Britain (i.e. England, Wales and Scotland), from 1 January 2021. The guidance is in line with expectations and brings helpful clarity for manufacturers and other affected stakeholders, albeit also bringing with it unavoidable … Continue Reading
The California legislature is sending a bill (SB 1044) to Governor Gavin Newsom that would significantly affect the use of per- and polyfluoroalkyl (“PFAS”) chemicals in firefighting foam. Specifically, the bill prohibits the manufacture, sale and use of class B firefighting foam containing intentionally added PFAS chemicals. Class B foams are used to suppress fires generated … Continue Reading
As we mentioned in a previous post, the COVID-19 pandemic has generated a wave of bankruptcies that we expect to continue into 2021. Companies entering 2020 in a strong financial position may now need to quickly shed distressed assets and generate cash. A Chapter 11 reorganization is likely to be too long and burdensome for … Continue Reading
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
