Last month in New York, the Appellate Division, Fourth Department delivered a victory to landfill operator Waste Management, dismissing a laundry list of tort claims arising out of a real estate developer’s odor complaints. In William Metrose Ltd. Builder/Developer v. Waste Management of New York, LLC, the Fourth Department reinforced an important precedent for
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first time,
The UK Competition and Markets Authority (“CMA”) has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of March 2024, ASOS, Boohoo and George at Asda committed to only make green claims about their products that are
On 23 April 2024, the UK’s Financial Conduct Authority (“FCA”) published its “Finalised non‑handbook guidance on the Anti‑Greenwashing Rule (FG/24/3)” (the “Guidance”). The FCA has published the Guidance to help in-scope firms understand and comply with the anti-greenwashing rule, which will come into effect on 31 May 2024.
On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA). This final rule comes right on the heels of EPA’s April 8 announcement of the final rule
On April 17, 2024, the EPA released a final rule designating two perfluorinated chemicals—Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA also released enforcement guidance explaining how it intends to apply the new listing with respect to certain types of potentially responsible parties.
EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.
The EPA’s recent decision to put Perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, on its
Methane Emissions: DOT and PHMSA Announce Pipeline Repair Funding to Reduce Emissions 
On April 3, 2024, the U.S. Department of Transportation (DOT) and the Pipeline and Hazardous Material Safety Administration (PHMSA) announced that $392 million of funding will be dedicated to modernizing pipeline systems and infrastructure with the stated goal of preventing methane pollution emissions.
Webinars This Week!
Nutrition Programs: USDA Publishes WIC Final Rule—Includes White Potatoes, Reduces Milk 
On April 18, 2024, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) published in the
PFAS is no doubt a developing environmental catastrophe but this just announced EPA action listing PFAS as a hazardous substance in the U.S. is yeeting the matter without regard that this solution may do more harm than good.