In the midst of already tumultuous regulatory change, Maine’s Department of Environmental Protection (“MDEP”) has officially delayed the reporting requirements of their landmark per- and polyfluoroalkyl substances (“PFAS”) regulation for two years. The delay was promulgated pursuant to legislation passed by the Maine legislature that not only stalls the reporting rule but similarly creates
Defining Environmental Justice
Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity.
Now, consider these statements: The organization that I work for can access environmental subject matter experts, the organization that I work for has influence in the
Progress Towards an EU-US Critical Minerals Agreement
On June 14, 2023, the European Commission proposed negotiating directives for a critical minerals agreement with the United States, intending to promote a partnership between the US and the European Union as allies in the global race to net zero and to strengthen their respective critical mineral supply chains. Back in early March, US President
OECD Updates Corporate Due Diligence Guidelines
The Guidelines build on current social, environmental, and technological issues facing businesses following the last update in 2011.
By Paul A. Davies, Michael D. Green, and James Bee
The Organisation for Economic Co-operation and Development (OECD) released updated Guidelines for Responsible Business Conduct on 8 June 2023 (the OECD Guidelines).
Background to the
U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation
On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The Supreme Court held that the 1868 treaty establishing the Navajo Reservation (the “Treaty”) “did not require the United States to take affirmative
Shale Law Weekly Review—Week of June 26, 2023
Pipelines: Federal Judge Orders Natural Gas Company to Remove Pipeline from Tribal Land
On Friday, June 16, 2023, a federal judge in the Western District of Wisconsin issued an order in the case of Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc.,
Environmental Law Institute webinar: TSCA Reform – Seven Years Later
The Environmental Law Institute will host its seventh annual Toxic Substances Control Act (TSCA) Reform conference on Thursday, June 29, 2023 from 8:00 a.m. – 5:30 p.m. ET.
In this webinar, panelists will discuss challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the TSCA stands today. Topics will include risk
Maine Presses Pause on PFAS Reporting Requirements
We reported previously on Maine’s 2021 law barring the sale of new products containing intentionally added PFAS and the reporting requirements that the law imposed upon manufacturers. Under the law, both the first phase of the sales ban and the reporting requirements were scheduled to take effect on January 1, 2023. However, pursuant to a
Agricultural Law Weekly Review—June 26, 2023
Food Labeling: USDA Announces Antibiotic Sampling Project and Industry Guidance to Verify Animal-Raising Claims
On June 14, 2023, the U.S. Department of Agriculture (USDA) announced that the department’s Food Safety and Inspection Service (FSIS) and Agricultural Research Service (ARS) will take actions to verify animal-rising claims, like “raised without antibiotics,” “grass-fed,” and “free-range.” According to
The Positive Side of Green Hushing: Averting Backlash and Enhancing Corporate Sustainability
Companies seeking to avert backlash through green hushing can ultimately contribute broadly to corporate sustainability if not repairing the planet