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Beyond the Fenceline: Environmental Justice Updates – December 2023

Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

California's New Climate Disclosure Requirements: A Work in Progress

In groundbreaking legislation, California continues to lead the nation in climate change regulation by enacting the bulk of the California Climate Accountability Package – an unprecedented climate disclosure mandate for...more

U.S. DOE Releases Report on Clean Hydrogen Strategy and Roadmap

The United States recently took another important step in implementing a comprehensive strategy to advance the production, processing, delivery, storage, and use of clean hydrogen. On June 5, 2023, the Biden-Harris...more

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more

Local Activists File Sweeping Environmental Justice Lawsuit against St. James Parish, Louisiana

On March 21, 2023, activists in St. James Parish, Louisiana filed an environmental justice lawsuit against their local government, claiming that the Parish’s land use system directed industry into primarily Black communities...more

Packaging, Proposition 65, and PFAS – Challenges for Food and Beverage Companies Expand

In our article published in the last edition of this Gazette, we discussed late 2021 to early 2022 developments concerning extended producer responsibility (EPR) programs and the regulation of per- and polyfluoroalkyl...more

Regulatory Compliance and Product Stewardship

In the proposed rule, EPA outlines the limited direct effects of the proposal – Businesses must report releases of PFOA and PFOS of one pound or more within a 24-hour period; and transport substances or mixtures that contain...more

Inflation Reduction Act of 2022 Doubles Down on Environmental Justice

Today, August 16, 2022, President Biden signed into law the fiercely negotiated and long anticipated Inflation Reduction Act of 2022 (“IRA”). Among other things, the IRA provides a significant boost, including approximately...more

EPA's New Actions in the Battery Industry May Promote Uniformity

The United States Environmental Protection Agency (“EPA”) issued a voluntary Request for Information (“RFI”) on June 9, 2022, regarding best practices for battery recycling and labeling guidelines. 87 Fed. Reg. 35,202. The...more

Packaging, Proposition 65, PFAS – Challenges for Food and Beverage Companies in 2022

In our article published in the last edition of this Gazette, we discussed early-to-mid-2021 developments concerning extended producer responsibility programs and regulation of per- and polyfluoroalkyl substances (PFAS) in...more

Spotlight on PFAS and Other Substances in Cosmetics Likely to Grow in 2022

This year – 2022 – may finally be the year that the effort to modernize safety standards in the U.S. for cosmetics and other personal care products, which has been ongoing since 2013, comes to fruition. If so, the new...more

Major TCEQ Rulemaking Impacts Industrial Companies in Texas

On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more

EPA’s PFAS Strategic Roadmap Sets Broad and Ambitious Goals

Near- and Longer-Term Objectives Expected to Impact Wide Range of Industries - On October 18, 2021, the Environmental Protection Agency (EPA) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024. For...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

20 State Attorneys General Push Congress to Address Environmental Justice

Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more

EPA Extends Compliance Dates for PBT PIP (3:1)

Proposed Rule Concerning Additional Extensions Forthcoming - Companies across a wide range of economic sectors have been waiting for a decision from the U.S. Environmental Protection Agency (EPA) on whether to extend the...more

Plastics and PFAS – Recent Developments Target Food and Beverage Packaging

In recent months, a variety of state legislatures have passed laws that restrict or regulate packaging, including that used for food and beverages. One set of laws concerns extended producer responsibility (EPR) programs that...more

EPA Issues Expansive Proposed PFAS Reporting Rule for Manufactured and Imported Goods

Is This a “PBT 2.0” Scenario in the Making? On June 10, 2021, the U.S. Environmental Protection Agency announced a proposed rule for collecting information about manufactured and imported goods containing any chemical...more

EPA Ends Expedited Review for Pesticide Products Aimed at Combatting SARS CoV-2 on Surfaces

Agency Responds to New CDC Guidance on Risks from Surfaces and Recognizes Breadth of Approved List N Products - Since March 2020, EPA has prioritized and expedited reviews of disinfectant products under the Federal...more

ESG Agenda

BlackRock Doubles Down on Sustainability - • BlackRock signals substantially more assertive posture on climate-related issues • New approach to shareholder proposals saw BlackRock support 54% of environmental and social...more

California Proposes Designating PFOA as a Carcinogen under Proposition 65

Designation of PFOA as a Carcinogen Will Increase Litigation Risks and Expand Proposition 65 Labeling Obligations - On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that...more

EPA Proposes Amendments to TSCA Fees Rule

Proposal Features Expanded Exemptions and Revised Fee Allocation Approach - On January 11, 2021, EPA published proposed revisions to the Toxic Substances Control Act (TSCA) fees rule that would create several exemptions...more

EPA Issues Compliance Advisory on Renewable Fuels, Additives and Distillates Requirements Under the Toxic Substances Control Act

Renewable-Sourced Products May Require Authorization as "New Chemicals" Under TSCA - On December 22, 2020, the U.S. Environmental Protection Agency issued a Compliance Advisory under the Toxic Substances Control Act...more

California Proposes Significant Changes to Proposition 65 Safe Harbor Warnings for Products Sold to Consumers

Use of Short-Form Warnings Would be Restricted for Products and Eliminated for Websites and Catalogs - Manufacturers of products sold to consumers and packaging companies should take notice of important new developments...more

EPA Issues Guidance for "Long-Lasting" Antimicrobial Approval Process

Guidance Provides Roadmap for Companies Seeking Expedited Review of Products Aimed at Combatting SARS CoV-2 - In August, EPA issued a narrowly tailored approval under the Federal Insecticide, Fungicide, and Rodenticide...more

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