Navigating Lithium-Ion Battery Recycling: EPA Issues Crucial Guidance for Industries

The global move towards electrification has led to a notable boost in the deployment of lithium-ion batteries across a variety of sectors. Recognizing this trend, earlier this summer, the U.S. EPA issued a significant non-binding Memorandum on Lithium Battery Recycling Regulatory Status and Frequently Asked Questions. The EPA’s move, although not enforcing any legislative changes…

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Generative AI Revolutionizing Environmental and Energy Sectors: A Legal Perspective

In an era increasingly dominated by digital transformation, the rise of generative artificial intelligence (AI) is reshaping the landscape across myriad sectors. Preeminent among these are the environmental and energy sectors, where the influence of generative AI is yielding significant results and driving innovative change. Instrumental to this revolution is the growth and development of…

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Navigating the GGPPA: Maximizing Profits and Reducing Emissions for Agriculture and Fisheries

For legal professionals, understanding the complexities of environmental regulations such as Canada’s Greenhouse Gas Pollution Pricing Act (GGPPA) is a crucial part of advising corporations in the agricultural and fisheries sectors. Enacted five years ago by the Canadian Federal Government, the act presents both unique opportunities and challenges for farmers, greenhouse operators, and fishermen. One…

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Shift in EPA’s Approach to Toxic Substances Control Act Affects Finished Goods Compliance

Recent actions by the US Environmental Protection Agency (EPA) signal a notable shift in the agency’s long-standing approach to the Toxic Substances Control Act (TSCA). Historically known for declining to regulate manufactured goods or finished products also known as “articles” under the TSCA, the EPA seems to be departing from this norm. The institution has…

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USMCA Genetically-Engineered Corn Trade Dispute: Debating Mexico’s Import Restrictions

In the latest episode of Talking Ag Biotech, Keith Matthews and Chris Wozniak were joined by a new guest, Kimberly Reynolds of Wiley’s International Trade Practice. The central topic of their discussion was the current U.S. Canada-Mexico Agreement (USMCA) Genetically-Engineered (GE) corn trade dispute. This situation has come about as a result of Mexico’s decision…

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Washington State Proposes Amendments Targeting HFCs in Climate Change Mitigation Efforts

On July 13, 2023, the Washington State Department of Ecology put forth a series of proposed amendments to Chapter 173-443 WAC, which focuses on the regulation of Hydrofluorocarbons (HFCs). Prominent among these changes are sweeping revisions that target HFCs and establish new requirements for facilities with refrigeration or air conditioning systems. The move represents a…

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Navigating the Climate Tech Ecosystem: A Guide for Legal Professionals

The Climate Tech Ecosystem represents an area of technology expressly focused on mitigating greenhouse gas (GHG) emissions, a key driving factor behind climate change. The term ‘Climate Tech’ is gradually replacing traditional phrases such as ‘cleantech’ and ‘greentech’, which predominantly highlight human impact on the environment. Notably, Climate Tech expands beyond simply mitigating GHG emissions….

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US Army’s Pine Bluff Arsenal and Arkansas DEQ Enter Consent Order Over Hazardous Chemical Pollution

The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and the United States Army, Pine Bluff Arsenal (U.S.) have reportedly entered into a Consent Administrative Order (CAO) as of July 13. This action is specifically in response to issues arising from dense nonaqueous phase liquid (DNAPL) contamination. The Consent Administrative Order…

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FDA Upholds Use of Phthalates in Food-Contact Applications Despite Health and Environmental Concerns

On July 21, 2023, the US Food and Drug Administration (FDA) adamantly refused a request that it reconsider its earlier decision taken in May 2022, permitting the use of eight different types of phthalates as food-contact substances. In the identical correspondence, the regulatory body further reiterated its commitment to maintain clearance for the additional five…

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Black Warrior Riverkeeper’s Legal Battle: Ensuring Clean Water Act Compliance and Environmental Preservation

Environmental advocacy and the protection of clean water continue to play significant roles in public policy and legal arenas. A recent development in this space involves Black Warrior Riverkeeper, Inc., a non-profit dedicated to the protection and restoration of the Black Warrior River watershed. The organization, together with the Greater-Birmingham Alliance to Stop Pollution, has…

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Greenwashing, Data Breaches, and Regulatory Shifts: General Counsels’ Growing Concerns

General counsels (GCs) have cited greenwashing, data breaches, and regulatory changes as some of the major issues causing them concern, according to discussions at the ninth annual General Counsel Summit in Sydney on August 7. These issues loom large in their thought processes and strategic planning due to their potentially disruptive impacts on their respective…

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Second District Court Upholds CEQA Infill Exemption Voiding for Hollywood Hotel Project

Recently, the Second District Court of Appeal (Div. 5) affirmed a judgment which was of major significance in the realm of property law and development initiatives. The judgment involved the voiding of the California Environmental Quality Act (CEQA)’s infill exemption for a Hollywood hotel project. The hotel construction proposal in question planned for the demolition…

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Form PF Amendments in 2023: Implications for Private Funds and SEC’s Evolving Oversight Strategies

In the wake of the 2008 financial crisis, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) formulated a novel oversight instrument called the Form PF (Private Fund). The inception of this mechanism was to primarily scrutinize and assess systemic market risks that could be potentially inflicted by private funds. This strategic move has…

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EPA’s Spring 2023 Agenda: Implications for Environmental Law Professionals

For those closely monitoring the regulatory landscape, particularly in the realm of environmental law, it is crucial to understand the forthcoming changes disclosed by the United States Environmental Protection Agency (“EPA”). Recently, the agency published its Spring 2023 Semi-Annual Agenda of Regulatory and Deregulatory Actions (the “Agenda”), albeit somewhat later than expected. This comprehensive agenda,…

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Navigating Ag-Gag Laws: Essential Guide for Legal Professionals in US Agriculture and Animal Production

A detailed understanding of Ag-Gag legislation, especially for legal professionals working with agricultural and animal production industries in the United States is vital. This legislation, enacted in several states, aims to provide lawful protection to these industries from unauthorized interferences. The legality of these laws, however, continues to remain a point of contention. The legislation,…

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Emerging Challenges Under Germany’s Supply Chain Due Diligence Act

As global discussions about trade ethics and corporate responsibility intensify, Germany has led the charge with its Act on Corporate Due Diligence Obligations in Supply Chains. However, recent developments reveal a much-elaborated landscape than initially perceived. Addressees of the legislation should, therefore, take keen note of the unfolding factors that are destined to shape its…

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Renewable Energy Law Demand Grows as Gilbert + Tobin Recruits Ashurst Specialist

Gilbert + Tobin, an esteemed Australian law firm, recently added a new member to its partnership fold. Drawing expertise from competitors, the firm has recruited a specialist renewable energy lawyer from Ashurst, highlighting an increased demand for professionals versed in the sectors of projects and infrastructure law. Although it’s not uncommon for legal firms to…

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EPA Expands Recommendations for Sustainable Federal Purchasing, Impacting Industries and Environment

On August 1, 2023, the U.S. Environmental Protection Agency (EPA) declared the first set of product and service categories that were selected for the expansion of its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing. The announcement plays a role in a more extensive effort that was previously declared last year to widen the…

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