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
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Deadlines Set for Submission of Chemical Substance Notifications to US EPA under the TSCA Inventory Reset Rule
US EPA’s rule to “reset” the Toxic Substances Control Act (TSCA) Inventory of chemical substances was formally published in the Federal Register on August 11, 2017. This means that the clock is now running on the 180-day deadline for chemical manufacturers and importers to submit to US EPA the chemical substance notifications required by the
US EPA Issues Three Major Rules Affecting Chemicals Industry
On June 22, 2017, US EPA issued three major rules required by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), which amended the Toxic Substances Control Act (TSCA) in 2016. The three TSCA rules addressed: (1) “resetting” the TSCA Inventory, (2) chemical substances prioritization, and (3) risk evaluations for
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
US Congress Creates New Subcommittee to Focus on Challenges and Opportunities for Local Governments
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
The UK HSE To Consult On Making the Fee For Intervention Process Fully Independent
The Health and Safety Executive (the “HSE”) operates a Fee for Intervention cost recovery scheme (“FFI”), which came into force on 1 October 2012. FFI was introduced to reduce the amount of public funding spent by the HSE, and to shift certain costs to dutyholders. If upon an inspection an HSE inspector identifies a material
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