As previously reported, a coalition of environmental groups recently filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final rule titled, “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments,” 85 Fed. Reg. 72,506 (Nov. 12, 2020). Commonly called “Part B,” the rule allows owners and operators to submit demonstrations showing their clay-lined impoundments are adequately protective of human health and the environment.
Significant Activity Follows US EPA’s TSCA Asbestos Risk Evaluation
The US Environmental Protection Agency’s (EPA’s) December 30, 2020 issuance of its risk evaluation for asbestos under Section 6 of the Toxic Substances Control Act (TSCA) has generated considerable attention and activity, which will likely keep interested parties and the courts busy for quite some time.
As background, TSCA Section 6 requires EPA to prepare risk evaluations for “high priority” chemical substances that “may present an unreasonable risk of injury to health or the environment.” Asbestos was selected as one of the “first ten” substances to undergo risk evaluation, as required by the 2016 TSCA amendments, without consideration of costs or other non-risk factors.
The UK Environment Bill – How Will Air Quality Be Protected?
The Environment Bill, which is completing its passage through the UK parliament, represents the government’s vision of a framework for environmental regulation and governance in the UK post-Brexit. The government has promised that the Bill will deliver cleaner air for all, but how will this ambition be achieved and what happens if it is not?
Find out more as Anita Lloyd, from Squire
Standing to Sue: Can Environmental Organizations Create Standing to Sue – PETA v State Zoological Park
For an organization to sue to redress a perceived wrong, the organization must demonstrate that it has standing to sue, meaning that it is the proper party to bring the claim. One of the key requirements of standing is that the plaintiff must show that he or she will be or is likely to be
New York State Public Service Commission Establishes Host Community Benefit Program
In an order issued on February 11, 2021, the New York State Public Service Commission (“Commission”) established a “host community benefit program” through which owners of large-scale renewable energy facilities (25 MW+) would pay $500/MW (for solar) or $1,000/MW (for wind) each year for the first 10 years of project operation to be distributed equally among all residential utility customers residing in the municipality where the facility would be located. See Case 20-E-0249, In the Matter of a Renewable Energy Facility Host Community Benefit Program, Order Adopting a Host Community Benefit Program (issued Feb. 11, 2021) (“Host Community Benefit Program Order”). Such benefits would complement—not replace—the numerous other benefits that renewable projects bring to local communities through payment in lieu of taxes (“PILOT”) agreements and other community agreements that fund local programs and initiatives.
The EU’s Proposed Mandatory Human Rights Due Diligence Law – What You Need to Know
The European Commission has committed to tabling an EU-wide human rights due diligence law by June 2021.
There are strong indications that the proposed law will have a wide scope (with the potential to apply to non-EU domiciled companies) and contain sanctions for non-compliance.
But what is human rights due diligence, and how can companies prepare for the proposed EU law?
Illinois EPA Issues Health Advisories for Four Per- and Polyfluoroalkyl Substances (PFAS)
On January 28, the Illinois Environmental Protection Agency (Illinois EPA) announced the issuance of health advisories for four (4) per- and polyfluoroalkyl substances (PFAS) compounds in accordance with the Illinois Part 620 groundwater regulations (35 Ill. Adm. Code Part 620). Health advisories are issued when a chemical substance that is harmful to human health, and for which no numeric groundwater standard exists, is detected and confirmed in a community water supply well (35 Ill. Adm. Code 620.605). The four (4) PFAS compounds for which Illinois health advisories were issued are PFBS, PFHxS, PFHxA, and PFOA.
Environmental, Social & Governance (ESG) Update: Towards new European laws and guidance on Sustainable Corporate Governance
In our “What to expect in 2021” blog, one cross-sectoral EU initiative we flagged was forthcoming Commission proposals for far-reaching new EU-wide Sustainable Corporate Governance requirements.
Here are some more details of what that might entail.
Background
Recent studies have suggested that companies performing well on ESG factors outperform their peers and that
Illinois Issues Conservative PFAS Health Advisories
Illinois has become the latest state to issue formal Health Advisories for a number of Per- and Polyfluoroalkyl Substances (PFAS). The Health Advisories are for four compounds—Perfluorobutanesulfonic (PFBS) (140,000 parts per trillion “ppt”); Perfluorohexanesulfonic acid (PFHxS) (140 ppt); Perfluorooctanoic acid (PFOA) (2 ppt); and Perfluorohexanoic acid (PFHxA) (560,000 ppt)—and the Illinois Environmental Protection Agency (EPA)
Deja Vu All Over Again…Unwinding Trump ERA Regulations
Remember four years ago when newly elected President Trump promised to dramatically reduce Obama-era environmental regulations? President Trump vowed to eliminate two existing regulations for every newly adopted regulation. The Trump Administration argued that Obama era regulations added $1 trillion in additional costs on businesses.
However, what President Trump and many in the business community