On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released a comprehensive set of proposed rules mandating climate-related risk disclosures for public companies (Proposed Rule). For some the release marks...more
3/25/2022
/ Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
ICFR ,
Proposed Rules ,
Risk Management ,
SASB ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
In a move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more
Last week, as world leaders met at the United Nations Climate Change Conference (COP26) in Glasgow, Scotland, the U.S. Environmental Protection Agency (“EPA”), issued a proposed rule under the Clean Air Act (“CAA”) designed...more
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
On June 10, 2021, pursuant to Section 8(a) of the Toxic Substances Control Act (“TSCA”), the U.S. EPA proposed a rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to report information...more
Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more
After a recent flurry of concerns over the potential for widespread supply-chain interruptions, the United States Environmental Protection Agency (“EPA”) issued a 180-day No Action Assurance (NAA) regarding the new...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
1/15/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Congressional Review Act ,
Cross-State Air Pollution ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
FIFRA ,
PFAS ,
RCRA ,
Renewable Energy ,
Repeal ,
Supplemental Environmental Project (SEP) Policy ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
Every four years, under the Chemical Data Reporting (CDR) Rule issued pursuant to the Toxic Substances Control Act (TSCA), manufacturers (including importers) must provide U.S. EPA with information on the production and use...more
Every four years, under the Chemical Data Reporting (CDR) Rule issued pursuant to the Toxic Substances Control Act (TSCA), manufacturers (including importers) must provide U.S. EPA with information on the production and use...more
On April 23rd, the U.S. Supreme Court issued its decision in County of Maui v. Hawaii Wildlife Foundation, holding that the Clean Water Act regulates a release to groundwater that indirectly pollutes surface water if the...more
On Thursday, March 26, the United States Environmental Protection Agency (“U.S. EPA”) released a much anticipated enforcement discretion policy that provides temporary and limited enforcement discretion for certain violations...more
Even though the coronavirus poses novel and complex challenges to all aspects of a company’s operations, it is not an excuse for companies to press “pause” on their obligations to comply with environmental laws and permits. ...more
In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TSCA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the...more
In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TCSA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the...more
On December 11, 2018, U.S. EPA Acting Administrator Andrew Wheeler signed a new hazardous waste pharmaceutical rule. The final rule retains a proposed requirement, opposed by industry, that prescription pharmaceuticals sent...more
1/15/2019
/ Controlled Substances ,
DEA ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
Health Care Providers ,
Pharmaceutical Industry ,
Prescription Drugs ,
RCRA ,
Safe Drug Disposal ,
Solid Waste
Fulfilling one of President Trump’s campaign promises, on December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the Corps) signed a proposed rule to limit the scope of the...more
1/7/2019
/ Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
While much of the environmental bar was focused on the Waters of the U.S. rulemaking, on December 11, U.S. EPA Acting Administrator Andrew Wheeler signed the new hazardous waste pharmaceutical rule. The final rule retains a...more
Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more
3/2/2017
/ Economic Development ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Justice Scalia ,
Land-Use Permits ,
Popular ,
Regulatory Reform ,
Rescission ,
SCOTUS ,
Stays ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
On June 22, 2016, President Obama signed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” into law, making comprehensive changes to the Toxic Substances Control Act (TSCA). This step comes after years of...more
Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More...more
North Carolina has been a hotbed of activity for residential and utility scale solar developers. According to the Solar Energy Industry Association, the Tar Heel State ranks fourth in the country in terms of installed solar...more
On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more