As the deadline imposed by the U.S. Department of Energy (DOE) approaches for the Federal Energy Regulatory Commission (FERC) to determine whether to exercise its regulatory authority over the electricity market in a manner designed to throw a life line to coal and nuclear power generators, the FERC commissioners have not hesitated to publicly make
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Food Labelling Issues and Recall Trends in Europe: Recent UK Recalls Resulting from Labelling Errors
Trade press reports have highlighted a spate of recent recalls relating to food and drink products in the UK resulting from labelling errors. Examples include foods recalled because of salt crystals not mentioned on the packaging (which represent a potential choking hazard), chocolate drinking straws with labels not in English (with allergen information therefore not
Good Intentions, Bad Outcomes – Introducing Non-Native Species Into the UK
A recent prosecution has illustrated the consequences of releasing non-native species into UK habitats, notwithstanding that the motivation of the two defendants was entirely benevolent.
Section 14 of the Wildlife and Countryside Act 1981 makes it an offence to release or allow to escape into the wild any animal of a kind which is not
MSHA Workplace Examination Rule Delayed Once Again
On January 23, 2017, the Mine Safety and Health Administration (MSHA) published its long-awaited final rule regarding modified workplace examination requirements in non-coal mines. The rule was originally scheduled to go into effect in May of this year, but implementation was delayed twice until October 2, 2017.
Over the past several months, operators have been
Teething Trouble – Poor Levels of Compliance with Reporting Requirement Under UK Modern Slavery Act Need to be Addressed
According to research published by the Chartered Institute of Procurement & Supply, more than one third of organisations required to complete a statement in compliance with the UK Modern Slavery Act 2015 (“Act”) have failed to do so.
Under section 54 of the Act, organisations that carry on business in the UK and have turnovers of £36 million
Increased Risk of Clean-Up Liability for Owners of Closed Council Landfill Sites in England and Wales
A recent Court of Appeal case, Powys County Council v Price and Hardwick, has addressed the issue of liability of successor public authorities under the UK contaminated land regime (Part 2A Environmental Protection Act 1990) (“Part 2A”).
The case related to a landfill site that had been operated by local authorities of the county
D.C. Circuit Holds US EPA Cannot Stay Implementation of Methane Rule Issued by Obama Administration
On July 3, 2017, the US Court of Appeals for the D.C. Circuit vacated US EPA’s decision to stay implementation of portions of a final rule concerning methane and other greenhouse gases. In Clean Air Council v. Pruitt, a three-judge panel held that US EPA lacked authority under the Clean Air Act to stay
D.C. Circuit Strikes Down Portions of the RCRA Definition of Solid Waste Rule
On July 7, 2017, the D.C. Circuit Court of Appeals issued a decision striking down portions of US EPA’s Definition of Solid Waste (DSW) Rule, which defines when certain hazardous secondary materials (i.e. recyclable materials generated as the remainder of industrial processes) become “discarded” and thus subject to regulation as a solid waste. The Rule,
US Lawmakers Target the Endangered Species Act While Advocates Continue to Sue to Shape the Act’s Implementation
Since President Nixon signed into law the Endangered Species Act (ESA) in 1973, the ESA has directed the identification and protection of endangered and threatened species in the United States. While President Obama remarked that his Administration had “seen more victories under the Endangered Species Act than any previous administration,” the Obama Administration generally applied the ESA
The Impact of New and Developing Technologies on UK Environmental, Safety and Health Compliance
Technology can offer new business opportunities and efficiencies to businesses. However, it can also present new and on-going challenges to the regulation and control of health, safety and environmental issues (and ultimately the potential liability of any business exploiting new technology). One of the ‘key points’ of the Health and Safety Executive Strategy 2016 was