Tag Archives: Agriculture and Feed

California Proposition 65 updates regarding cooked or heat processed foods

The California Office of Environmental Health Hazard Assessment (“OEHHA”) recently modified the text of its proposed Proposition 65 regulation regarding warnings for chemicals formed in foods by cooking or heat processing (most frequently associated with the formation of the carcinogen acrylamide during the cooking process).  OEHHA removed two food categories from the warning requirement (almond … 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

SCOTUS rules the federal government does not need to disclose draft documents under FOIA

Federal agencies aren’t required to hand over draft documents related to the harm an EPA rule would pose to endangered plants and animals, the Supreme Court ruled in U.S. Fish and Wildlife Serv. v. Sierra Club , U.S., No. 19-547. In a 7-2 decision, and the first majority ruling led by Justice Amy Coney Barrett, the … 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

New EU legislation on reducing methane emissions in the energy sector is set for 2021

The European Commission is moving forward with its legislative agenda to reduce methane emissions in the energy industry, specifically the oil, gas and coal sectors. Following the Commission’s October 2020 Communication (COM 2020/663 final) on an EU strategy to reduce methane emissions as part of the EU Green Deal programme, the Commission has set out … Continue Reading

EU EHS and Product Compliance laws: what to look out for in 2021

2021 is shaping up to be a very busy year for those who are affected by EU laws relating to Environment, Health & Safety, ESG and product compliance matters. Important developments are expected this year across a number of the EU’s flagship Green Deal policy initiatives, but there are many other significant initiatives to watch … Continue Reading

California seeks to significantly restrict optional use of Proposition 65 “short-form” warnings on consumer products

The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed to significantly amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, to revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products. OEHHA believes implementation of the warning regulations has revealed … Continue Reading

U.S. Army Corps of Engineers revamps Clean Water Act Nationwide Permit 12

On January 5, 2021, the U.S. Army Corps of Engineers (the Corps) released the final version of a rule revamping certain nationwide permits (NWPs) under the Clean Water Act (CWA). The CWA authorizes the Corps to issue general permits authorizing categories of activities that have minimal individual and cumulative adverse environmental effects. These permits remain … Continue Reading

ICYMI: California to conserve land, coasts to capture carbon and fight climate change

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

Proposition 65 – Potential warning requirement exemption for exposures to listed chemicals in cooked or heat processed foods

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

EPA finalizes updates to CWA water quality certification requirements

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

ICYMI: Major April U.S. Supreme Court Environmental Decisions

1) Superfund deals don’t block state-law claims On April 20, 2020, the Supreme Court of the United States (SCOTUS) issued an opinion allowing Montana residents to maintain state-law claims against a company for a Superfund site that is already covered by a settlement agreement with the U.S. Environmental Protection Agency (EPA).… Continue Reading

Plastic-reduction efforts in California yield to COVID-19 pandemic

This year might have been the year for California to set sharp reductions in plastic packaging and single-use plastic food ware, among other plastic items. But the COVID-19 pandemic and an increased use of disposable products to avoid the risk of transmitting the virus through reused items appear to have halted this effort. A ballot … Continue Reading

Novel coronavirus – How employers should dispose of personal protective equipment

The Occupational Safety and Health Administration (OSHA) and the California Department of Occupational Safety and Health (Cal/OSHA) have issued various guidance regarding potential workplace hazards resulting from exposure to COVID-19 (see our recent client alert for more information). Most recently, on April 3, 2020, OSHA issued enforcement guidance to all industries indicating that respiratory protection … Continue Reading

Last call for alcohol… comments. Proposed amendments to clarify the requirements for providing alcoholic beverage Proposition 65 warnings

Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the Proposition 65 warning requirements for alcoholic beverages sold on the internet, in catalogs, and via third-party providers. The most prominent item in the settlement’s methods … Continue Reading

Administrative agencies have broad subpoena power

A recent decision by a California court of appeal clarified the breadth of the California Water Resources Control Board’s (Board) subpoena power, which could have implications for other state agencies in California and elsewhere.  Moreover, private entities which are the subject of an administrative investigation may have a difficult time withholding financial records even if … Continue Reading

Waste and the circular economy: French government proposes to increase liability for waste

Our EU law environmental and product regulatory teams have been following the passage of a significant new law through the French parliament: ‘the Anti-Waste and Circular Economy Bill’ (Projet de loi relatif à la lutte contre le gaspillage et à l’économie circulaire) (the Bill). Key features of the Bill include: Radically expanded obligations for producers … Continue Reading

EPA repeals 2015 WOTUS rule amid broader environmental regulatory rollbacks

On September 12, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army issued a pre-publication draft of the final rule to repeal the 2015 Clean Water Rule definition of “Waters of the United States” (WOTUS Rule), which amended existing Clean Water Act (CWA) regulations. According to the EPA, the agencies’ goal … Continue Reading

UK Court of Appeal reaffirms new, tougher stance on sentencing for environmental pollution offences

Several years ago, we wrote a detailed article explaining the new, tougher approach in the UK to the sentencing of environmental offences committed by large companies. That article, from 2015 (see: https://www.reedsmith.com/en/perspectives/2015/10/uk-courts-get-tough-on-environmental-crime-sentenc), focussed on the Court of Appeal’s decision in R v. Thames Water Utilities Ltd [2015] EWCA Crim 960.… Continue Reading
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