Local governments have a new forum on Capitol Hill focusing on the many challenges and opportunities they face: the Intergovernmental Affairs Subcommittee in the US House of Representatives. The new Subcommittee was created in January at the start of the new Congress and is led by Chairman Gary J. Palmer (AL-6) and Ranking Member Val
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UK Government Issues Guidance on Minimum Energy Efficiency Standards for Leased Property
Beginning 1 April 2018, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (commonly referred to as the MEES Regulations), non-domestic landlords must ensure that any properties they rent out in England and Wales have an energy efficient rating of at least an E (using the A-G rating system from Energy Performance Certificates
Are Changes on the Horizon to the Deference Historically Afforded to US Administrative Agencies?
As we have previously discussed on this blog, a cornerstone of US administrative law, Chevron deference, is in flux. That fluctuation and its eventual resolution will impact US businesses, including in the promulgation of critical environmental regulations. Chevron deference describes a doctrine articulated by a unanimous US Supreme Court in its 1984 decision, Chevron USA
What does Brexit mean for the Circular Economy?
One area of EU law which is developing rapidly relates to improving the circular economy. There are a number of legislative proposals in the pipeline, but with the prospect of the UK leaving the EU in the next few years, what are the implications for these circular economy initiatives, and could there be opportunities for
Coalition Seeks to Compel US EPA Action on States’ Impaired Waters Listings for Lake Erie
A coalition of environmental and conservation groups have given US EPA notice of their intent to sue over the Agency’s failure to timely review Ohio’s and Michigan’s biennial impaired waters listings. Under §303(d)(2) of the Clean Water Act (CWA), US EPA is required to approve or disapprove a state’s proposed list of impaired waters not
Successor Local Authorities May Be Liable Under the UK Contaminated Land Regime
The recent decision of the High Court in Price and Hardwicke v Powys County Council determined that a local authority may acquire potential liability under the contaminated land regime (“CLR”) from its statutory predecessor, notwithstanding that the CLR did not enter into force until over 5 years after the transfer of liabilities took place.
UK Environmental Audit Committee Calls For Brexit Environmental Protection Law
The UK Environmental Audit Committee (a cross-party parliamentary select committee which considers how well government policies and programmes contribute to environmental protection and sustainable development) has published its report on “The Future of the Natural Environment after the EU Referendum”. The report makes a series of recommendations for actions that the Government should take during
Despite New Administration, Environmental Groups May Influence Changes to US Industrial Stormwater Discharge Permits
Although the focus and priorities of a new US EPA administration under President-elect Trump remain unclear, regulatory changes may be in the works that could require certain industrial entities to either change how they handle stormwater discharges or face lawsuits brought by environmental groups. As described more fully below, US EPA entered into a settlement
What Duties Does a UK Employer Have in the Age of Rising Suicides?
In 2012, the UK Government published a strategy entitled “Preventing Suicide in England: A cross-governmental outcomes strategy to save lives”, and two further updates were published in 2014 and 2015. In 2016, an inquiry was launched by England’s Health Committee to tackle an 8% increase in the suicide rate. The issue of suicide
Health & Safety Retaliation Cases are Very Much Alive: Current Trends in OSHA and MSHA Whistleblower Laws and Regulations
What was recently a hot topic within the regulatory community, conversations about Occupational Safety & Health Administration (OSHA) and Mine Safety & Health Administration (MSHA) whistleblower, retaliation, and discrimination claims have seemingly fallen by the wayside. But don’t be fooled. Two recent developments demonstrate that these US Department of Labor agencies continue to find novel