Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary drinking water regulations (NPDWR), including a proposal to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water, is now projected for
FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come.
By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer, Austin J. Pierce, Angela Walker, and Jacqueline Y. Zhang
Latham & Watkins presents a blog series on the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims (Green Guides). This first post discusses the evolving focus areas as well as the enforcement and litigation risks of the Green Guides.
On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022 Notice) requesting public comments on its Guides for the Use of Environmental Marketing Claims (commonly known as the Green Guides or the Guides). The FTC reviews its rules and guides on a 10-year schedule, and its publication of the 2022 Notice is in accordance with the agency’s regulatory review cycle. The Guides were first issued in 1992 and most recently revised in 2012.
The public can submit comments by using the Federal Register online submission form or by mailing comments to the FTC. The public comment period will close on February 21, 2023.
The FTC publishes the Green Guides in part to support marketers and companies in their environmental advertising decisions. Adherence to the Guides can also help companies avoid litigation involving deceptive environmental claims. Further, the Guides can inform companies in their supply chain decision-making. Per the FTC, the Guides are designed to provide guidance on (1) general principles that apply to all environmental marketing claims; (2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and (3) how marketers can qualify their claims to avoid deceiving consumers.[1]
EPA (Finally) Finalizes Phase I Environmental Site Assessment Rule
ASTM E1527-21 to Replace ASTM E1527-13
New York State Climate Action Council Adopts Final Scoping Plan to Achieve Climate Goals
Now that the New York State Climate Action Council adopted the final scoping plan, the Climate Leadership and Community Protection Act requires the Department of Environmental Conservation to adopt regulations to enforce emissions mandates consistent with the Plan, which must be promulgated by Jan. 1, 2024.
EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied
As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX. EPA moved to dismiss the petition on the basis that the
Another Day Older and Deeper in (Carbon) Debt
The International Energy Agency has released its 2022 Coal analysis and forecast. It is sobering. By the time 2022 is over, world-wide coal consumption will have exceeded 8 billons tonnes for the first time. In other words, 2022 was a record year for coal. It is true that demand was largely flat compared to 2021
FERC Proposes to Implement Expanded Transmission Siting Authority
On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant’s request to site transmission facilities in a designated National Interest
Shale Law Weekly Review—Week of December 19, 2022
GHG Emissions: Environmental Groups File Lawsuit Against EPA Seeking Updated Nitrogen Oxide Emissions Standards
On December 7, 2022, the Environmental Defense Fund and Sierra Club filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Environmental Protection Agency’s failure to update 2006 air pollution standards for stationary combustion
First District Rejects CEQA Challenges To EIR For Petaluma River Apartment Project, Upholds Special Status Species Baseline And Public Safety/Emergency Access Impacts Analyses As Supported By Substantial Evidence
In an opinion filed on November 14, and later certified for publication on December 13, 2022, the First District Court of Appeal (Div. 3) affirmed a Sonoma County Superior Court judgment upholding the EIR for a 180-unit apartment complex proposed on a 15.45-acre parcel of vacant land along the Petaluma River. Save North Petaluma River and Wetlands v. City of Petaluma (J. Cyril Johnson Investment Company, Real Party in Interest) (2022) ___ Cal.App.5th ___. The issues considered on appeal involved the adequacy of the EIR’s environmental “baseline” for its analysis of potential special status species impacts and the adequacy of its analysis of alleged public safety/emergency evacuation impacts.
The Pennsylvania Environmental Rights Amendment and Statues
This E2 Law blog post discusses In re Appeal of Friends of Marconi Plaza and the court’s comment on the application of the Pennsylvania Environmental Rights Amendment, Pa. Const. art. I, § 27, to that decision.