In December 2023, federal agencies released their “Fall 2023” Regulatory Agendas that provide an outlook for numerous upcoming regulatory actions on chemicals that could have significant implications for the regulated community. Hunton Andrews Kurth LLP’s chemical regulatory team has provided analyses of these upcoming regulatory actions:
Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not
Oil and Gas Leasing: BOEM Publishes Final Procedures for Bid Adequacy in Lease Sales
On Monday, January 22, 2024, the Bureau of Ocean Energy Management (BOEM) published final revisions to the bid adequacy procedures for offshore oil and gas lease sales. The final procedures yielded no significant changes from the proposed revisions that were published
Rather techno optimism based actions where ingenuity and science can produce our way out of our predicament.
Kerri L. Barsh and Christopher J. Neumann, co-chairs of GT’s Environmental Practice, were interviewed for a Law360 Real Estate Authority article titled “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.”
Click here to read the full article, “Regulatory Whiplash In Real Estate Here To Stay, Attys Say.” (subscription required)
As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp of California’s timeline to complete its transition to zero-emission energy sources and the finalization of a $54 billion climate funding package, the headline grabber in 2023 was the passage of three bills related to corporate emissions and accountability.
On January 17, 2024, the European Parliament formally endorsed its provisional agreement with the Council on the Directive Empowering Consumers for the Green Transition through Better Protection against Unfair Practices and Better Information (“Greenwashing Directive”). The Council is now expected to endorse the provisional agreement after which the Directive will be published in the EU Official Journal and enter into force.
The Greenwashing Directive aims to contribute to the EU’s green transition by empowering consumers to make informed purchases using reliable sustainability information about products and traders. To do so, the Directive amends Directive 2005/29 on Unfair Business-to-Consumer Practices (“Unfair Commercial Practices Directive”) by introducing specific rules on sustainability and environmental claims. The Greenwashing Directive is intended to work in tandem with the proposed Directive on substantiation and communication of explicit environmental claims (the “Proposed Green Claims Directive”), which we reported on here.
Companies should keep a close eye on the transposition of this Directive, as it will have a significant impact on how they communicate about their sustainability, environmental, and social or ethical efforts. Covington can help companies with navigating these regulatory requirements while meeting their business objectives.
Fishermen in the small town of Cape May, New Jersey, are at the epicenter of a legal challenge that could reshape the landscape of agency authority. The fishermen are challenging the entrenched “Chevron” doctrine, which for years has afforded deference to government agencies with respect to reasonable interpretation of ambiguous statutes. Once again,
By Adam R. Young, Mark A. Lies, II, A. Scott Hecker, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives
Ensuring a future that is inclusive, net zero, and nature positive