During 2021, the U.S. Environmental Protection Agency (EPA) collected discharge data for PFAS as part of its Multi-Industry PFAS Study.  The purpose behind the study was to identify facilities producing or using PFAS, look at their wastewater characteristics, estimate PFAS in their discharges, and identify control practices and treatment options.  As part of the study, EPA collected data from various EPA data sets and obtained information from other federal agencies (the U.S. Department of Transportation, Federal Aviation Administration (FAA), U.S. Department of Health and Human Services, and the Food and Drug Administration), states and EPA regions, as well as information from industrial users.  After EPA collected its data, it categorically broke down the results of its study into the following groups:

  • Organic chemicals, plastics, and synthetic fibers (OCPSF)
  • Metal finishing
  • Pulp, paper, and paperboard
  • Textile mills
  • Commercial airports

    • The information collected by EPA during its study will be used to further identify companies and facilities that manufacture, import, or process PFAS.

    Antitrust: Federal Court Finds Pennsylvania Mushroom Cooperative Not Entitled to Antitrust ProtectionOn January 26, 2022, the U.S. District Court for the Eastern District of Pennsylvania issued an order and opinion holding that the American Mushroom Cooperative (AMC), formerly named “Eastern Mushroom Marketing Cooperative” (EMMC), was not entitled to protection under the Capper-Volstead Act, which…

    Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy.

    The updates covered in this month’s edition include (among others):

    India’s proposal includes accreditation requirements for ESG ratings providers and mandatory disclosure of providers’ data and information sources.

    By Paul A. Davies, Michael D. Green, and James Bee

    On 25 January 2022, the Securities and Exchange Board of India (SEBI) released a consultation paper stating that it planned to regulate what it described as “ESG risk ratings” and “ESG impact ratings”, alongside similar products such as carbon risk ratings, environmental, social, and governance (ESG) disclosure ratings, corporate transaction risk scores, and others.

    MOSS and glass globes

    Disclosure of information on the ESG-related risks facing financial institutions is widely recognised as a vital tool to promoting market discipline.  It enables stakeholders to assess the risks presented to financial institutions by issues such as climate change, social and governance risks, whilst also allowing stakeholders to review the sustainable finance strategies of financial institutions.  In light of this, governments are increasingly introducing different mandatory ESG-related reporting requirements for financial institutions, such as TCFD-aligned reporting requirements (for further information on TCFD-aligned reporting requirements, please see our previous blog posts here and here).

    Adding to the plethora of existing ESG-related reporting requirements, on 24 January 2022, the European Banking Authority (“EBA“) published its final draft implementing technical standards on Pillar 3 disclosures on ESG risks (the “Final Draft ITS“).  The Final Draft ITS sets out mandatory templates, tables and instructions that supplement the EBA’s ‘Pillar 3 package’ prudential reporting requirements (the “Reporting Requirements“), which certain EU-based financial institutions will be required to comply with under the Capital Requirements Regulation (Regulation (EU) No. 575/2013) (the “CRR“).

    ESG: What and How Significant Is It? With “proxy season” kicking into high gear, issuers are already beginning to think about how to address concepts that are both complex and amoeba-like: environmental, social, and governance (“ESG”) matters.  According to some leaders in the field:
    1. The ‘E’ captures energy efficiencies, carbon foot printing, greenhouse gas…

    The Commission plans to adopt a proposal for a revised Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals in the last quarter of 2022.

    By Joachim Grittmann and Alexander Wilhelm

    On 20 January 2022, the European Commission opened a public consultation on revising Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH Regulation). The REACH Regulation entered into force on 1 June 2007 and is to be fundamentally revised under the Commission’s Chemicals Strategy for Sustainability, which forms part of the European Green Deal. Until mid-April 2022, interested parties are encouraged to share their opinions on the most relevant aspects of the REACH Regulation to ensure the goals of the Commission on innovation for safe and sustainable chemicals and a high level of protection of health and the environment.