ESG: What and How Significant Is It? With “proxy season” kicking into high gear, issuers are already beginning to think about how to address concepts that are both complex and amoeba-like: environmental, social, and governance (“ESG”) matters. According to some leaders in the field:
1. The ‘E’ captures energy efficiencies, carbon foot printing, greenhouse gas
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Perspectives on Environmental, Safety & Health
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France Takes Over Presidency of EU Institution, Vows to Implement European Green Deal
With the turn of the year, France took over the Presidency of the Council of the European Union (EU), following Slovenia. The Council consists of a representative of each Member State at ministerial level and is the EU co-legislator together with the European Parliament. While it is the European Commission, EU executive, that has the…
US Safe Drinking Water Act Section 1441: A Tool to Combat Supply Chain Issues for Public Water Systems and POTWs
As the United States continues experiencing nationwide supply chain issues, it comes as little surprise that these problems are also impacting the availability of drinking water and wastewater treatment chemicals. Public water systems (PWSs) and publicly owned treatment works (POTWs) have reported shortages of gaseous chlorine as well as other critical chemicals and supplies. US…
Cartel allegations in France regarding the concealed use of Bisphenol A in food packaging

Bisphenol A is a chemical product which is considered an endocrine disruptor and, for that reason, has been banned from the food industry since 2015 by the French Food Safety Agency (FSA). Bisphenol A is, however, still legally used in other countries (including the UK and other EU Member States).
The French Competition Authority (FCA)…
Prop 65 Regulatory Update for the Food & Cannabis Industry: OEHHA Proposes Specialized Warnings for Exposures to Acrylamide from Food & Exposures to Smoke from Cannabis/THC Products
Food has become a bigger and bigger target for enforcement under Prop 65 over the last few years, and acrylamide in particular has been the subject of scrutiny by both the California Office of Environmental Health Hazard Assessment (OEHHA) and in pending litigation. You can find our prior post on this subject here.
Now,…
Clearing the Air: US EPA Looks to Revamp Pyrolysis and Gasification Regulations
One man’s trash is another man’s treasure. In this case, one man’s solid waste, commercial and industrial waste, biomass, plastics, tires, and organic contaminants are another man’s energy, fuel, and commodity chemicals thanks to waste conversion technologies generally known as pyrolysis and gasification. For years, these waste conversion technologies have been regulated under a patchwork…
Record £90 Million Fine for a “Flagrant Disregard” of UK Environmental Law Calls for Boards of Directors to Take Note
On 19 August, the sentencing remarks of Mr Justice Johnson were published in relation to the recent £90 million fine issued to Southern Water for sewage pollution. The remarks provide a full breakdown and description of how this record fine was calculated, and provide comments and conclusions on a number of issues that are likely…
European Commission Proposes a Carbon Border Adjustment Mechanism (CBAM) for Iron, Steel, Cement, Fertilisers, Aluminium and Electricity (4 in 4-Part Series)
Another much-anticipated and likely controversial proposed regulation would establish a CBAM for certain imports. The Commission presented it as a measure to ensure that ambitious climate action in Europe does not lead to “carbon leakage” by pushing carbon-intensive production out of the single European market but contribute to a global emissions decline by encouraging the…
European Commission Proposes a Revision of the Renewable Energy Directive (3 in 4-Part Series)
As another key component of the Fit for 55 package, the Commission made a proposal to amend Directive 2018/2001 on the promotion of the use of energy from renewable sources (RED II) and related legal acts.
The revision would increase the overall binding target for renewable energy in the EU energy mix from the current…
European Commission Proposes “Most Crucial Change to the EU Emission Trading System So Far” (2 in 4-Part Series)
As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts.
According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage…