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Environment, Health & Safety regulatory compliance

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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

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

Environmental, Social and Governance Legislation in the Biden Era: The Climate Risk Disclosure Act of 2021 PART II: Oil and Gas Sector

In a previous post, we reported on the Climate Risk Disclosure Act of 2021 (the “Act’) being placed on list of all bills reported from committee and eligible for House floor action,  some sweeping changes required by that Act, and the Act’s uncertain future in the Senate. This Part II focuses on the effect of … Continue Reading

Pennsylvania’s Environmental Quality Board oks regulations targeting power sector greenhouse gas emissions

On July 13, 2021, the Pennsylvania Environmental Quality Board approved a rulemaking  to establish a program to limit the CO2 emissions from fossil fuel-fired electric generating units (EGU) located in the Commonwealth. The stated purpose of the final-form rulemaking is “to reduce anthropogenic emissions of CO2, a greenhouse gas (GHG) and major contributor to climate … Continue Reading

Environmental, Social and Governance Legislation in the Biden Era: The Climate Risk Disclosure Act of 2021

An example of a new trend towards recognizing “Environmental, Social and Governance” (“ESG”) impacts from business operations is the recently introduced Climate Risk Disclosure Act of 2021 (“the Act”).  As currently drafted, the Act would require significant new public disclosures from publicly traded companies regarding financial risks to their operations and profitability from climate change … Continue Reading

Supreme Court Update: Supreme Court reaches decisions on HollyFrontier and PennEast Pipeline cases

On Friday, June 25, 2021, the U.S. Supreme Court reversed a Tenth Circuit Court decision that had vacated an Environmental Protection Agency (“EPA”) exemption relieving small refineries from the fuel blending requirements of the Renewable Fuel Program (“RFP”), codified by 42 U.S.C. § 7545(o). The decision represents a huge victory for small refineries. In an … Continue Reading

Revised Cal/OSHA COVID-19 Emergency Standard Approved by Board and Fast-Tracked by Governor Newsom

On Friday June 11, 2021, the California Department of Occupational Safety and Health (Cal/OSHA) published new proposed text for re-adoption of the COVID-19 Emergency Temporary Standard (ETS).  After previously voting against adopting Cal/OSHA’s initial revised ETS during a highly contentious public meeting earlier this month, during which critics vehemently objected to the rule’s continuation of … Continue Reading

Cal Safety Standards Board approves second COVID-19 ETS

Late last week, the California Occupational Safety and Health Standards Board (“Standards Board”) reconvened in a public meeting to consider the California Division of Occupational Safety and Health (Cal/OSHA) revised COVID-19 Prevention Emergency Temporary Standard (ETS).  The new proposed ETS was developed to replace the existing ETS that has been in place since December 1, … Continue Reading

Consultation on the European Commission’s planned new regulations on mobile phones and tablets now open

On 31 May 2021 the EU Commission opened up the public consultation period for its dual proposal for regulations on mobile phones and tablets. As we discussed in our earlier blog post “EU EHS and Product Compliance laws: what to look out for in 2021”, at the end of 2020 the Commission announced its intention … Continue Reading

Texas keeps the gas taps flowing, but will others do the same as energy infrastructure takes center stage?

The regular session of the Texas Legislature came to a fraught end on May 31, 2021. The political spectacle in recent days capped off a legislative session dramatically interrupted by a winter storm in February that crippled much of the state with snow, ice, and power outages. That natural disaster led to intense scrutiny of … Continue Reading

ESG Update: At a glance summary of proposed Corporate Sustainability Reporting Directive

In our previous ESG Update blog, we described what the then anticipated new EU-wide Sustainable Corporate Governance requirements might look like. On 21 April, The European Commission published a draft of the proposed new Corporate Sustainability Reporting Directive (CSRD). It will completely replace and significantly expand the scope of the current EU Non-Financial Reporting Directive. … Continue Reading

New Jersey’s Environmental Justice Bill and its effect on Title V facilities

New Jersey’s Environmental Justice Bill (EJ Bill) applies to Facilities located in Overburdened Communities (OBC). N.J. Stat. § 13:1D-157 – 13:1D-161.  A Facility includes any: 1. Major source of air pollution; 2. Resource recovery facility or incinerator; 3. Sludge processing facility, combustor, or incinerator; 4. Sewage treatment plant with a capacity of more than 50 … Continue Reading

Biden’s pledge to cut U.S. emissions signals increased climate change regulation and other implications for industry

On Earth Day, April 22, 2021, President Biden announced that the U.S. will aim to cut carbon emissions in half by the year 2030 compared to 2005 levels.  This is significantly higher even than goals established by President Obama during his tenure.  The virtual Leaders Summit on Climate where the announcement was made took place … Continue Reading

Chemical Safety Board announces plans to add board members and investigators

The U.S. Chemical Safety Board (“CSB”), the federal agency created under the Clean Air Act Amendments of 1990 and charged with investigating industrial chemical releases, has announced that it will draw up a new board following a recommendation to do so by the Environmental Protection Agency (“EPA”) Office of the Inspector General (“OIG”). The CSB … Continue Reading

Advanced Clean Trucks Rule — California announces extension of large entity reporting deadline

As we reported last year, the California Air Resources Board (“CARB”) adopted the Advanced Clean Trucks regulation to support its efforts to reduce air pollutants and meet state climate change targets.  The regulation has a one-time reporting requirement for large entities that operate or dispatch vehicles in California with a manufacturer’s gross vehicle weight rating … Continue Reading

European Commission’s “Sustainable Products Initiative” now open for public consultation

Last week the EU Commission announced that the ‘public consultation’ phase of its Sustainable Products Initiative is now open. This begins the next step in the process, following the conclusion of the ‘feedback period’, which closed in November 2020. More detail on what the Commission aims to achieve through this initiative is available in our … Continue Reading

California proposes revisions for marijuana smoke and THC Proposition 65 warnings

The California Office of Environmental Health Hazard Assessment (OEHHA) seeks to amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to add specific tailored “safe harbor exposure warning methods and content” for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, … Continue Reading

California to increase fuel sample analysis during ocean-going vessel inspections

Beginning in May 2021, California Air Resources Board (“CARB”) enforcement staff will begin additional analysis of fuel samples taken during ocean-going vessel inspections. CARB is seeking to improve compliance due to changing international regulatory sulfur limits, which has created situations where a vessel’s fuel may meet international and California regulatory sulfur limits, but not meet … Continue Reading

EPA indicates intention to regulate certain PFAS in drinking water

The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well.  On February 22, 2021, the EPA announced two actions under SDWA to address PFAS. First, the agency reissued … Continue Reading

Cal/OSHA moves forward with development of permanent COVID-19 standard while legislature considers bill to increase enforcement

California continues to move forward with new proposals for regulation and enforcement of workplace hazards associated with COVID-19.  As the Division of Occupational Safety and Health (“Cal/OSHA”) continues to develop a draft permanent standard to address COVID-19 hazards in cooperation with an advisory committee of various stakeholder groups, state legislators have proposed a senate bill … Continue Reading

Upcoming public hearing announced regarding California modifications to use of “Short-Form” Proposition 65 warnings

As we reported, 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 revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products. If passed as proposed, manufacturers, distributors … Continue Reading

The fall of Trump’s Affordable Clean Energy Rule and the strengthened EPA authority to regulate greenhouse gases

On January 19, 2021, in a 2-1 decision, the D.C. Circuit Court vacated the Trump administration’s 2019 Affordable Clean Energy (ACE) Rule and remanded it to the U.S. Environmental Protection Agency (EPA). The decision offers a strong statement about EPA’s breadth of authority to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) and, … Continue Reading

The EU Commission’s proposed new batteries laws “at a glance”

The European Commission is proposing a radical and wide-ranging overhaul of the roughly 15 years’ old existing batteries and waste batteries laws in the Union. For those who have not yet found the time to read the nearly 127-page draft regulation and annexures put out for public consultation in December 2020, here is a summary … Continue Reading
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