EHS Law Insights

Comment and analysis by Reed Smith lawyers on the latest developments in Environmental Health & Safety

On November 7, 2019, OSHA held a public stakeholder meeting on safety key performance indicators (KPIs).  During this meeting, the agency sought input from employers and industry groups on leading and lagging safety KPIs.  Specifically, OSHA aimed to gather information about: (1) how companies regularly implement leading indicators; (2) how the information is used to strengthen work protection best practices; (3) the possibility of creating a digital library of leading indicators accessible on the OSHA…
The end of the current Energy Savings Opportunity Scheme (ESOS) compliance period (and associated notification by the end date of 5 December 2019) is fast approaching in the UK. The next ESOS compliance period commences on 6 December 2019 and will require companies to assess if they are within scope of the ESOS. Introduced under the Energy Savings Opportunity Scheme Regulations 2014, the ESOS transposes the energy audit requirements from the EU Energy Efficiency Directive…
The U.S. Environmental Protection Agency (EPA) has finalized a reconsideration rule rescinding many of the agency’s changes and additions made during the Obama administration to strengthen the Risk Management Program (RMP) regulations that address facilities using highly hazardous chemicals. This rulemaking follows the D.C. Circuit’s decision in 2018 that the EPA’s previous effort to rescind the new RMP elements was not justified by sufficient rationale, and so includes additional information regarding the basis for the…
The Transportation and Climate Initiative (TCI) is a collaboration of 13 Northeast and Mid-Atlantic jurisdictions, including Pennsylvania, New York, New Jersey, and Washington, D.C. The TCI’s goal is to increase the use of clean transportation and energy, and reduce carbon emissions, in the transportation sector. TCI jurisdictions are in the process of developing a plan to lower carbon emissions from transportation through a cap-and-invest program. Under the TCI plan, states would 1) put a cap…
In May 2019, we blogged about the UK government’s consultation on which direction UK carbon emissions policy should take post Brexit, with the preferred course being a UK-only ETS (emissions trading scheme) that is formally linked with the EU ETS. Please click here to read more.  The government is due to publish its full response to that consultation shortly and we will report on its response in due course. In the meantime, the government has…
On October 8, 2019, the Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED). This CEW recycling fee is assessed when a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer. These fees fund the CEW Recycling Program, which is run by the Department of Resources Recycling and Recovery (CalRecycle). At…
A new registry regulation for Phase IV of the EU emissions trading system (ETS) has been published recently, and will replace the current registry regulation from 1 January 2021. Among other changes, the new registry regulation will accommodate allowances originating from the Swiss Emissions Trading Scheme, recognise EU allowances as financial instruments, and make administrative changes to account management. We expect that these changes may have an impact on operations and trading documentation of market…
Our EU law environmental and product regulatory teams have been following the passage of a significant new law through the French parliament: ‘the Anti-Waste and Circular Economy Bill’ (Projet de loi relatif à la lutte contre le gaspillage et à l’économie circulaire) (the Bill). Key features of the Bill include: Radically expanded obligations for producers in relation to waste management Introduction of a ‘product lifetime score’ to be displayed on some products Harmonised waste collection…
Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers of paper for recycling were found to be contaminated with household waste. The fine was £350,000 plus an additional £240,000 in costs. In 2015, Biffa had arranged for shipments of waste paper to be transported to delivery sites in Shenzhen and Guangdong. When the containers were inspected by the Environment Agency (EA) at…