On Wednesday April 6, 2022, in a 5-4 vote, the U.S. Supreme Court justices stayed a California district court’s October 21, 2021 decision to vacate the Section 401 Water Quality Certification Rule (401 WQC Rule). The U.S. Environmental Protection Agency (EPA) had requested that the district court remand the rule, saying it was planning
Third Iteration of the Cal/OSHA ETS is Around the Corner
By Ilana Morady, Patrick D. Joyce, and Coby Turner
Seyfarth Synopsis: The Cal/OSHA Standards Board (“Board”) has published proposed language for the third adoption of the Cal/OSHA COVID-19 emergency temporary standard (“ETS”), which will be voted on during the upcoming April 21, 2022 Board meeting. The ETS, assuming it is readopted, will…
Clean Slate: US GSA Issues New Standards for Environmental Attributes of Concrete and Asphalt
In the latest of a series of actions by the Biden-Harris administration aimed at reducing the federal government’s carbon footprint, the US General Services Administration (GSA) has issued new national standards for the concrete and asphalt used in GSA building and paving projects.1 The standards apply to concrete and asphalt provided by GSA’s prime contractors, furthering efforts to prioritize carbon-reduction in federal contracting and to leverage the federal government’s purchasing power in support of the transition to a zero-carbon economy. GSA plans to use these standards for all GSA projects involving at least 10 cubic yards of concrete or asphalt, including GSA projects carried out under the Infrastructure Investment and Jobs Act.2
Supreme Court Reinstates Trump Clean Water Rule (For Now)
On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects under Clean Water Act Section 401. STAY – The California District Court in 2021 in In re…
Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
On April 6, the Supreme Court used the “Shadow Docket” to reinstate a Trump administration regulation governing state water quality certifications under section 401 of the Clean Water Act. Louisiana v. American Rivers, No. 21A539 (U.S. Apr. 6, 2022). Interestingly, Chief Justice Roberts joined Justice Kagan’s dissent along with Justices Breyer and Sotomayor. The…
World Federation of Advertisers issues guidance on making credible environmental claims
“Greenwashing” – that is, environmental claims that are not fully or properly substantiated, or that contain false information, omit critical information, are exaggerated or are presented in an unclear, ambiguous and/or inaccurate manner – continues to be a major focus of scrutiny across all sectors, and the advertising industry is no exception. The volume of statements and claims regarding the sustainability credentials of businesses’ goods and services, often made in the context of advertising and marketing, is increasing rapidly.
At the same time, the interests of regulators, consumers, and other stakeholders, in combatting misleading, “greenwashed” environmental claims has grown commensurately. According to analysis conducted by the Independent, over the past 12 months alone, the UK’s Advertising Standards Agency (“ASA“) has found 16 advertising campaigns to have exaggerated the green credentials of, or made unsubstantiated environmental claims about, the advertised brands.
As a consequence of this growing interest, the World Federation of Advertisers (“WFA“) – a global organisation that represents the common interests of advertisers and marketers – has issued landmark guidance on how brands can ensure that any environmental claims featured in their marketing communications are credible for both consumers and regulators (the “Guidance“). The Guidance, produced with the support of the International Council for Advertising Self-Regulation, the European Advertising Standards Alliance and the UK’s ASA (amongst others), is the first guidance that has been issued at an international level with regard to making environmental claims, and represents a highly significant development in the context of growing efforts to combat greenwashing.
EU Proposal on new Ecodesign Requirements for Sustainable Products
A centerpiece of the European Green Deal was officially unveiled last week. The Proposal for a Regulation establishing ecodesign requirements for sustainable products[1] (‘ESPR’) is an ambitious document, part of a series of European Commission proposals seeking to redefine business in line with the European Union’s vision for a more sustainable future, as part…
Supreme Court Re-Instates the Clean Water Act Section 401 Certification Rule
Today, in a 5-4 decision, the Supreme Court re-instated the U.S. Environmental Protection Agency’s (EPA’s) 2020 Clean Water Act (CWA) section 401 rule (Certification Rule). The Court stayed a decision by the U.S. District Court for the Northern District of California, which had vacated and remanded the Certification Rule back to EPA without first…
Furthering the Biden Administration’s Environmental Goals Using the Farm, Ranch, and Rural Communities Advisory Committee
Recently, in celebration of National Agriculture Day, US EPA Administrator Regan announced that US EPA had rechartered its Farm, Ranch & Rural Communities Advisory Committee (FRRCC). Administrator Regan simultaneously announced a new charge topic for the FRRCC as well.
The FRRCC was developed in 2007 and focuses on providing policy advice, information, and recommendations to the US EPA Administrator on a variety of environmental issues and policies relating to agriculture and rural America. Charge topics are announced approximately every two years, with the FRRCC’s newest charge topic set for years 2022–2024.
OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program
By Brent I. Clark, James L. Curtis, Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via…