In late February 2023, EPA released for public comment its Draft Proposed Principles of Cumulative Risk Assessment under the Toxic Substances Control Act (“Draft Principles”), which proposes a set of principles for evaluating cumulative risks for chemicals undergoing risk evaluation under the Toxic Substances Control Act (“TSCA”). In conjunction with the Draft Principles, EPA also
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CEQ CCUS Task Force Announcement
Last Friday, March 24, the White House Council on Environmental Quality (CEQ) announced the rosters for two task forces charged with providing input for the development of Carbon Capture, Utilization, and Sequestration (CCUS) programs. The task forces are a requirement of the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act, passed in 2020…
Full Value Chain Emission Disclosures – A California ESG Bill Resurrected
The California Climate Corporate Data Accountability Act (“SB 253”) was recently introduced and passed the state’s Senate Environmental Quality Committee on March 15, 2023. SB 253 aims to broaden Environmental, Social, and Governance (“ESG”) state disclosure requirements, targeting high earning companies. A similar emissions disclosure bill, the Climate Corporate Accountability Act, failed to pass the…
The UK Financial Conduct Authority publishes a discussion paper (DP23/1) on finance for positive sustainable change
The UK Financial Conduct Authority (the “FCA”) recently published its Discussion Paper (DP23/1) on ‘Finance for positive sustainable change’ (“DP23/1”) as part of its ongoing effort to promote sustainable finance and align the financial sector with the UK’s environmental, social, and governance (“ESG”) goals. DP23/1 draws on the Task Force on Climate Related Financial Disclosures…
Key Updates of Green, Social and Sustainability-Linked Loan Principles
On 23 February 2023, the Asia Pacific Loan Market Association, Loan Market Association and Loan Syndications and Trading Association jointly published updates on the Green, Social and Sustainability-Linked Loan Principles (the “Principles”) together with their supporting guidance documents (the “Guidance”).
All transactions completed prior to 9 March 2023 will be exempted from following the updated…
Second District Affirms Judgment Upholding Water Code CEQA Exemption, Rejects Plaintiff’s Attempt To Extend CEQA Review And Findings Requirements To Regional Water Board’s Approval Of Waste Discharge Permits
On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. State Water Resources Control Board (2023) 88 Cal.App.5th 874, a case mainly focused on water law but which also has some significant CEQA implications. Briefly put, the petitioner in Los Angeles Waterkeeper attempted to…
EPA Proposes Drinking Water Standards for PFAS
On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted drinking water standards, the U.S. EPA has yet to establish any national drinking water standards…
European Commission Proposes Net Zero Industry Act and Critical Raw Materials Act
The proposals form part of the Green Deal Industrial Plan and aim to scale up technology and materials for the energy transition.
By Paul A. Davies, Beatrice Lo, JP Sweny, Alexander Buckeridge-Hocking, Michael D. Green, and James Bee

On 16 March 2023, the European Commission (Commission) formally proposed two legislative…
Are Your Exits Clear? Major Retailer Faces Over $15 Million in OSHA Fines as OSHA Enforcement Wave on Exit Access Continues
By Adam R. Young, Daniel R. Birnbaum, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: Highlighting the current administration’s focus on using press releases to assure workplace health and safety regulations are being followed, OSHA announced that a major retailer who has allegedly continued to expose workers to blocked exit routes…
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller…