Tag Archives: Emerging legislation and regulations

European Commission launches consultation on TEN-E Regulation

The European Commission launched a public consultation on its review of Regulation 347/2013 on guidelines for trans-European energy infrastructure (the TEN-E Regulation) on 18 May 2020. The public consultation is accompanied by a targeted, more technical consultation aimed at stakeholders with specialist knowledge of the TEN-E Regulation. Both consultations will be open for eight weeks, … Continue Reading

CARB plans more consumer product regulations to reduce smog-forming emissions

The California Air Resources Board (CARB) continues its efforts to reduce air pollutants from consumer products through amendments to California’s Consumer Products Regulation. Proposed amendments would further lower current volatile organic compounds (VOC) limits for certain consumer products. Background The Consumer Product Regulation is an important part of CARB’s effort to reduce the amount of … 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

Hailing all rideshare: The California Clean Miles Standard is set to hit the road this year

The explosive growth of ridesharing companies has left states facing a potential, albeit unintended, increase in greenhouse gas emissions (for example, carbon dioxide generated by fuel combustion). As a result, the California Air Resources Board (CARB) is developing the Clean Miles Standard, which aims to reduce greenhouse gas emissions from ridesharing companies.… 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

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

New EU Circular Economy Action Plan and Sustainable Product Policy

Five years after its first iteration, yesterday (11 March 2020), the European Commission launched its new Circular Economy Action Plan (CEAP) as part of the overall European Green Deal. The CEAP contains many proposals.  We will explore others (including those relating to batteries, packaging, plastics, textiles, ‘safe-by-design’ chemicals, non-financial reporting and shipment of waste) in … Continue Reading

OSHA and Cal/OSHA issue coronavirus guidance

Earlier this month, the U.S. Occupational Safety and Health Administration (OSHA) published information on novel coronavirus (COVID-19) hazard recognition, medical information, potentially applicable OSHA standards, control and prevention, and additional resources. The guidance notes that without sustained human-to-human transmission, most U.S. workers remain at low risk of exposure and infection. However, OSHA has identified commonsense … Continue Reading

European Commission seeking feedback on proposed review of the EU Non-Financial Reporting Directive

The European Commission is seeking feedback on a proposed initiative to revise the EU Non-Financial Reporting Directive (NFRD) (EU Directive 2014/95/EU), with submissions due by 27 February 2020. The NFRD requires certain large companies to annually disclose a range of non-financial information, including in relation to the environment, social and employee matters, human rights, and … Continue Reading

Washington releases draft refinery PSM rule and economic survey

The Washington State Department of Labor and Industries (L&I or Department) recently released two documents related to its development of a refinery-specific process safety management (PSM) rule. First, L&I released a revised draft of its proposed refinery-specific PSM rule language; the Department, however, will not be accepting comments on this language until formal rulemaking begins … Continue Reading

CSB proposes rule on accidental release reporting

The U.S. Chemical Safety Board (CSB or Agency) recently published a Notice of Proposed Rulemaking for its accidental reporting rule in the Federal Register (Proposed Rule). The CSB was established by the Clean Air Act Amendments of 1990, which directed the Agency, among other things, to investigate and report on any accidental release “resulting in … Continue Reading

OSHA conducts public stakeholder meeting on safety key performance indicators

On November 7, 2019, OSHA held a public stakeholder meeting on safety key performance indicators (KPIs).  During this meeting, the agency sought input from employers and industry groups on leading and lagging safety KPIs.  Specifically, OSHA aimed to gather information about: (1) how companies regularly implement leading indicators; (2) how the information is used to … Continue Reading

EPA again rolls back Obama Administration RMP regulations

The U.S. Environmental Protection Agency (EPA) has finalized a reconsideration rule rescinding many of the agency’s changes and additions made during the Obama administration to strengthen the Risk Management Program (RMP) regulations that address facilities using highly hazardous chemicals. This rulemaking follows the D.C. Circuit’s decision in 2018 that the EPA’s previous effort to rescind … Continue Reading

Northeast’s plan to cap vehicle carbon emissions: reducing emissions or reducing jobs?

The Transportation and Climate Initiative (TCI) is a collaboration of 13 Northeast and Mid-Atlantic jurisdictions, including Pennsylvania, New York, New Jersey, and Washington, D.C. The TCI’s goal is to increase the use of clean transportation and energy, and reduce carbon emissions, in the transportation sector. TCI jurisdictions are in the process of developing a plan … Continue Reading

Adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED)

On October 8, 2019, the Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED). This CEW recycling fee is assessed when a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer. … Continue Reading

The new Registry Regulation for Phase IV of the EU ETS. Are you ready?

A new registry regulation for Phase IV of the EU emissions trading system (ETS) has been published recently, and will replace the current registry regulation from 1 January 2021. Among other changes, the new registry regulation will accommodate allowances originating from the Swiss Emissions Trading Scheme, recognise EU allowances as financial instruments, and make administrative … 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

REACH update: ECHA adds 18 SVHCs to the Authorisation List

Following on from the consultations carried out in 2018, and as had been expected, the European Chemicals Agency (ECHA) announced yesterday that it will move to add 18 substances of very high concern (SVHC) to Annex XIV of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), i.e. the “Authorisation List”. As a reminder, substances … Continue Reading

Senate Environment & Public Works Committee votes unanimously to approve Dr. Katherine Lemos to head the Chemical Safety and Hazard Investigation Board

On September 25, 2019, the Senate Committee on Environment and Public Works (EPW) voted unanimously to approve Dr. Katherine A. Lemos, President Donald Trump’s nominee to lead the U.S. Chemical Safety and Hazard Investigation Board (CSB). Dr. Lemos’ nomination will now advance to the full Senate for confirmation.… 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

EU consultation watch: EU Commission launches new consultations on RoHS and ELV directives

The European Commission is inviting interested parties to submit their comments and concerns related to EU legislation on the following topics: The Restriction of Hazardous Substances (RoHS) Directive: This is merely a generic request for feedback. The Commission will be releasing a revised RoHS Directive in 2021 and is, therefore, offering a chance for industry … Continue Reading

EPA sends Risk Management Program rollback rule to OMB

On September 12, 2019, the U.S. Environmental Protection Agency (EPA) sent for pre-publication review to the White House Office of Management and Budget (OMB) a final draft rule aimed at repealing regulatory changes to the Risk Management Program (RMP). The RMP regulations establish a performance-based standard for process safety applicable to facilities that utilize or … Continue Reading
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