The State of New Jersey issued a press release last month¹ that urges state-operated businesses to begin preparations now for a single-use plastics ban, which becomes effective on May 4, 2022. The ban will include single-use carryout bags and polystyrene foam food-service products in stores and food-service businesses. Starting Nov. 4, 2021, food service businesses
New EU Restrictions on Single-Use Plastic Products to Enter into Force
As of July 3, single-use plastic products marketed in the EU/EEA must comply with the requirements and restrictions of Directive 2019/904 on the Reduction of the Impact of Certain Plastic Products on the Environment (“Single-Use Plastic Directive” – “SUPD”). To help Member States implement the SUPD into their national laws and apply its requirements, on May 31, 2021, the European Commission published its long-awaited Guidelines on the Scope of the SUPD. The Guidelines take different and controversial approaches on the scope the SUPD and the nature of plastics and continue to leave important issues unanswered.
FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out
A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from all PFCs [per- and poly-fluorinated compounds].”
The petition contends that the scientific evidence shows “widespread
Mexico’s Energy Regulatory Commission Agreement to Comply with Decree Amending 13th Transitory Article of the Hydrocarbons Law
On May 21, 2021, Mexico’s Energy Regulatory Commission (CRE) published in the Federal Official Gazette (DOF) Agreement number A/015/2021 by which the CRE complies with the Third Transitory of the “Decree amending the Thirteenth Transitory Article of the Hydrocarbons Law published in the Federal Official Gazette on August 11, 2014,” published in the DOF May
EPA Expands List of PFAS Subject to TRI Reporting
The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program. Consistent with a recently leaked document highlighting priorities of the Office of Pollution Prevention and Toxics (OPPT), the agency announced earlier today (June 3) the addition of
District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment
On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric licenses, including challenges that stem from the permitting decisions of other federal agencies acting under their independent statutory authority. In Save the Colorado
Judge Does Not Require Dam to Alter Water Flows for ESA Species Protection
On April 15, Judge André Birotte Jr. for the U.S. District Court for the Central District of California determined that the U.S. Bureau of Reclamation’s (Bureau) operation of the Twitchell Dam with certain water flows did not result in an unlawful take of Southern California Steelhead trout, a species listed as endangered under the federal
EPA Announces Reconsideration and Potential Revision of the Clean Water Act Section 401 Final Rule
On May 27, the Environmental Protection Agency (EPA) announced its intent to reconsider the Clean Water Act (CWA) Section 401 final rule issued by the Trump administration in June 2020 (Final Rule).
Section 401 of the CWA provides a cooperative federalism framework where states and authorized Tribes can issue a water quality certification that places
State Water Board Now Receiving Public Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General Permit
The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”).
I. Background
The Construction Stormwater General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activities that disturb one or more acres of land, or are part of a common plan of development or sale that disturbs one or more acre of land surface. California’s previous Construction Stormwater General Permit expired in September 2014 but has been administratively extended until a reissued permit is adopted.
FERC Terminates Licenses for Projects Involved in Michigan Dam Breach
In an order dated May 20, 2021, the Federal Energy Regulatory Commission (FERC, or the Commission) terminated the hydropower licenses for three projects located on the Tittabawasee River in Michigan—the Secord (P-10809), Smallwood (P-10810) and Sanford (P-2785) dams. The termination by implied surrender follows a May 2020 breach at the Sanford dam and the breach