On February 21, 2023, the Federal Highway Administration (“FHWA”) published a Notice of Waiver for Buy America requirements related to Electric Vehicle (“EV”) Chargers, 88 Fed. Reg. 10619. This waiver notice follows the Notice of Proposed Waiver published by FHWA on August 31, 2022. See 87 Fed. Reg. 53539. In response to a robust
Inside Energy & Environment
Developments in law and policy of energy, commodities and environment
Latest from Inside Energy & Environment - Page 10
The EU’s Emerging Mandatory Disclosure and Certification Rules for Carbon Credits
The European Union (“EU”) is coming closer to adopting mandatory rules for companies that use carbon credits.
- First, the European Parliament and Council are considering for adoption a Commission for a Regulation on a Carbon Removal Certification Framework (“CRCF Regulation Proposal”).
- Second, the European Commission (“Commission”) is in the process of adopting standards (the so-called
…
EPA Releases New Guidance on Pesticide Devices
On February 14, 2023, EPA released a compliance advisory regarding pesticide devices regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). EPA released the advisory in response to “substantial non-compliance with FIFRA in the device and pesticide marketplace. Examples of non-compliance include unregistered pesticides claiming to be devices, devices bearing false and misleading statements,…
The EU’s Green Deal Industrial Plan for the Net-Zero Age
The EU’s Green Deal Industrial Plan for the Net-Zero Age
The US Inflation Reduction Act (the IRA) has raised concerns in the EU about the potential impact on international investment – particularly the possibility that such investment will be pulled into the US, rather than directed to the EU and may encourage ‘green industries’ to…
New Removability and Replaceability Requirements for Batteries Marketed in the European Union
The European Parliament and Council are about to adopt an agreed text on a Regulation on Batteries and Waste Batteries (“Sustainable Batteries Regulation” or “SBR”) that will impose a broad range of requirements on the safety, sustainability and circularity of batteries, including batteries that are part of devices (e.g., laptop batteries), industrial batteries (e.g., large…
Submit your views! Consultation on the New Global Biodiversity Fund Paid For by Life Sciences Companies that “Use Digital Sequence Information on Genetic Resources”
On 19 December 2022, the parties to the Convention on Biological Diversity (CBD) decided to create a new global mechanism requiring the private sector to pay into a new Global Biodiversity Trust Fund.
The new fund is expected to generate up to 15 billion USD per year, based on contributions from companies that “use…
Biden Administration Releases Comprehensive Transportation Decarbonization Plan
By Gary S. Guzy & John Mizerak
Four federal agencies—the Environmental Protection Agency, the Department of Transportation, the Department of Energy, and the Department of Housing and Urban Development—have released a Blueprint for Transportation Decarbonization, an ambitious plan that outlines the principles the federal government will continue to use to pursue its stated goal of economy-wide net zero emissions by 2050.…
Building a sustainability strategy – what companies can (not) do from a competition law perspective
Sustainability governs all policies and sectors of social and economic life. The goal of sustainable development is to meet the needs of today’s generations without compromising the self-sufficiency of future generations. Companies are called upon to innovate as economic conditions indicate a change in the direction of sustainability. Sustainability considerations and green developments have increasingly…
White House issues guidance on greenhouse gas analysis in permitting decisions
By Gary S. Guzy & Martin Levy
On January 6th, the White House Council of Environmental Quality (“CEQ”) released a new Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (“the Guidance”) in permitting decisions, with significant implications for energy and infrastructure projects. Though this Guidance is effective as of the date of publication, it was issued on an interim basis…
FERC Orders Development of New Internal Network Security Monitoring Standards
The Federal Energy Regulatory Commission (“FERC”) issued a final rule (Order No. 887) directing the North American Electric Reliability Corporation (“NERC”) to develop new or modified Reliability Standards that require internal network security monitoring (“INSM”) within Critical Infrastructure Protection (“CIP”) networked environments. This Order may be of interest to entities that develop, implement,…