The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes
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FDA Delays Enforcement of MOCRA Deadlines for Facility Registration and Product Listing to July 1, 2024
On November 9, 2023, the FDA published notice of final guidance that delays FDA’s enforcement of some facilities’ registration and product listing compliance requirements under MOCRA to July 1, 2024. This enforcement delay applies to facilities that “engaged in manufacturing or processing of a cosmetic product” or products as of MOCRA’s enactment date (December 29,
Revamping Cosmetics Safety and Regulation: Updates from FDA on Regulatory Changes under MOCRA
In August 2023, the FDA released draft guidance on upcoming regulatory changes pursuant to MOCRA, including guidance on cosmetic product facility registrations and product listings. MOCRA applies to any establishment that manufactures or processes cosmetics products. According to the draft guidance, the FDA is in the process of creating a new online portal for facility
Windsor Framework: Deadline for Businesses to Register for New Northern Ireland Retail Movement Scheme Approaches
From October 2023, a broad range of products moving from Great Britain (GB) to Northern Ireland (NI) (and that are intended for “final consumption” in NI) will be processed through a “green lane” and be subject to fewer checks and controls. While this will ultimately facilitate movements of various products, there are implications for businesses
White House Finalizes Long-awaited Build America, Buy America (BABA) Guidance
The White House has announced long-awaited final guidance to federal agencies to implement domestic content and manufacturing requirements in federally funded infrastructure projects. The Biden administration guidance applies broadly to the use of iron, steel, and other common construction materials and products and, as a result, is expected to have broad implications for awardees of
Reforming Cost-Benefit Calculations under Circular A-4: Implications for Environmental Rulemaking
Would you rather pay your bills tomorrow or next year? What about your paycheck? Intuitively, most people want delayed costs and immediate benefits, and so want checks now and liability later. This poses a challenge for policymakers when weighing the costs and benefits of a new policy: is reasonable to pay 90 cents today for
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
UK Annual Environmental, Safety & Health Conference 2023 – Get to Know Our Speakers
After a few years off, we are delighted to bring back our Annual UK Environmental, Safety & Health Conference this June. The theme is Managing Developing ESH Risks in the UK and Internationally.
We are excited to have the following speakers join us for what will be an interesting discussion:
- Heather Beach – Heather is
US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act
On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to
From Farm to Table: How the Supreme Court’s Pork Ruling Impacts States’ Rights and Doing Business in California
In a heavily fractured decision last month, the U.S. Supreme Court held in National Pork Producers Council, et al v. Ross, et al, that a California law (Cal. Health & Safety Code 25991, known as Proposition 12), which forbids the in-state sale of whole pork meat that comes from breeding pigs “confined in a cruel