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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…

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…

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…

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 out for.

Reed Smith’s EMEA EHS & Product Compliance team will be keeping a close eye on them all for you and writing more detailed pieces on developments as they occur throughout the year.

In the meantime, in this short blog we provide just a snapshot of what you can expect to see during 2021:…

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

On November 7, 2020, Joe Biden became the projected President-elect of the United States. With an aggressive climate change plan that includes rejoining the Paris Agreement on the first day of his term, President-elect Biden and his administration will likely make significant changes to environmental, health, and safety rules and policies that will rollback Trump administration environmental actions and increase civil and criminal enforcement of environmental laws.

New Regulatory Rollbacks and Expansions

The Trump administration took deregulatory actions that weakened or repealed more than 100 environmental policies and regulations.  For example, President Obama’s Clean Power Plan, which set targets for greenhouse gas emissions for existing power plants, was repealed and replaced with the Affordable Clean Energy rule, which removed emission targets and directed states to determine the best course of action for regulating power plant emissions.  The Trump administration issued the Safer Affordable Fuel-Efficient Vehicles Rule, which authorized the Department of Transportation to establish fuel economy standards and preempted similar state regulations, including California’s regulations regarding greenhouse gas emissions for new passenger cars and light trucks.  The Trump administration’s Navigable Waters Protection Rule significantly narrowed the “Waters of the United States” Rule under the Clean Water Act.  Trump’s Environmental Protection Agency (EPA) repealed Obama-era methane and volatile organic compound emissions standards for new and existing oil and gas operations, and removed the most stringent requirements of newly promulgated revisions to the Risk Management Program rule.  The Occupational Safety and Health Administration (OSHA), meanwhile, largely stalled new rulemakings that had been initiated under the Obama administration, including the Process Safety Management (PSM) standard, and has so far declined to initiate a rulemaking in response to COVID-19 under the current administration.…

Continue Reading Swinging the Pendulum: Significant Shifts in Environmental and Safety Regulation under a Biden Administration

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 on hydrogen fuel cells. The ban will also include hybrid and plug-in hybrid vehicles that still use some gasoline or diesel in addition to electricity.  Older gasoline-powered cars on the road after 2035 and sales of used gasoline-powered cars would still be allowed.  The order further directs that all new medium- and heavy-duty trucks be zero-emission by 2045, which aligns with the state’s goal to eliminate all net emissions from its economy by 2045.…

Continue Reading California going electric: Sale of new gasoline-powered cars banned in 2035

Drones, a generic term for unmanned aircraft, have been utilized in military applications for decades. More recently, however, advances in drone technology and construction have made the devices more accessible. These advances and increased accessibility have allowed more commercial and industrial applications to take off. For example, certain retailers are considering ways to efficiently use…

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…

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…

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…