The Toxic Substances Control Act (TSCA) authorizes the United States Environmental Protection Agency (EPA) to impose restrictions relating to chemical substances and/or mixtures as well as requirements for reporting, record-keeping, and testing. One way that the EPA regulates chemical substances and mixtures is through premanufacture notices (PMN). Like its name indicates, a PMN is submitted
Washington’s New PSM Requirements for Refiners
The Washington State Department of Labor and Industries (L&I) issued a proposed rule updating process safety management (PSM) standards for petroleum refineries. Washington’s current PSM rule is identical to the federal standard issued by OSHA in 1992 – over 30 years ago. More recently, in late 2017, California revised their regulations on PSM for petroleum
Cal/OSHA Definition Changes Make Outbreaks Less Likely
By Ilana Morady, Patrick D. Joyce, and Benjamin D. Briggs
Seyfarth Synopsis: On June 20, 2023, the California Department of Public Health (CDPH) updated its guidance to local health departments on the definition of a COVID-19 outbreak. The new definition changes the timeframe for counting COVID-19 cases that make up an outbreak
Amendments to Illinois Day and Temporary Labor Services Act Impact Both Staffing Agencies and Their Clients Who Engage Contingent Workers for Work That is Not Professional or Clerical
By: Andrew Scroggins and Benjamin Briggs
On May 19, 2023, both Houses of the Illinois General Assembly passed HB2862, which amends the Day and Temporary Labor Services Act, 820 ILCS 175/. On June 16, 2023, the bill was sent to the Governor, with an effective date that is the later of July 1,
Louisiana Tax Developments – The 2023 Regular Legislative Session
Because it was a fiscal session, the Louisiana Legislature enacted a number of key tax changes in the 2023 Regular Session that concluded on June 8, 2023. As of June 29, 2023, several other bills are still awaiting the governor’s signature. Below you will find the important substantive tax updates and their implications for taxpayers, which are
Wetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly expressed both disappointment and concern that the government could no longer assure protection of wetlands, and therefore surface water quality.
Massachusetts Supreme Judicial Court Clarifies “Cat’s Paw” and “Stray Remarks” Doctrines in Employment Discrimination Cases
Key Takeaways:
- On June 21, 2023, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023), addressing the so-called “cat’s paw” theory of liability and concluding that an employer can still be found liable for violating Massachusetts’ employment discrimination statute where there is evidence that
Washington State Adopts Restrictions and Reporting Requirements for PFAS, Flame Retardants, Phthalates and Bisphenols in Wide Range of Consumer Products
Joining the ranks of California, Minnesota, Maine, and New York, Washington state has officially finalized a ban on the manufacture, sale, and distribution of a variety of products containing per- and polyfluoroalkyl substances (“PFAS”), as well as several other “high profile” chemicals of concern, including flame retardants, phthalates, and bisphenols.
The
Lessons from Someone Else’s Book About a Big Matter I Handled
I recently finished P. David Allen II’s and Susan Campbell’s new book Paper Valley: The Fight for the Fox River Cleanup (Wayne State Univ. Press 2023). Allen was a wildlife biologist in the United States Fish and Wildlife Service’s Green Bay Field Office. Campbell was the environment beat reporter for the Green Bay Press Gazette. Their subject
UK Advertising Standards Authority Publishes Updated Guidance on Greenwashing Claims
The ASA conveyed a sense of urgency, as it believes influencing consumer behaviour will be an important part of meeting UK net zero targets.
By Paul A. Davies, Sophie J. Lamb KC, Michael D. Green, and Aleksandra Dulska
On 23 June 2023, the UK’s Advertising Standards Authority (ASA) published an update to its advertising guidance on misleading environmental claims and social responsibility (the Advertising Guidance) and stated its intention to continue to take a firm, but proportionate, approach against greenwashing claims. This latest update to the Advertising Guidance aims to identify factors that make environmental claims in ads more likely or less likely to comply with the UK Code of Non-broadcast Advertising (CAP) and UK Code of Broadcast Advertising (BCAP).
This blog post provides context for the latest update and summarises the new section of the Advertising Guidance that draws on principles established by recent ASA rulings as well as principles found in the Competition and Markets Authority’s (CMA’s) Green Claims Code.