As economies pivot away from reliance on petroleum, the use of hydrogen is increasingly considered as a key component in a portfolio of alternative fuels and developing technologies to reduce greenhouse gas emissions. This is the first of a multi-part
EHS Law Insights
Comment and analysis by Reed Smith lawyers on the latest developments in Environmental Health & Safety
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Washington’s New PSM Requirements for Refiners
The Washington State Department of Labor and Industries (L&I) issued a proposed rule updating process safety management (PSM) standards for petroleum refineries. Washington’s current PSM rule is identical to the federal standard issued by OSHA in 1992 – over 30…
EPA powers curtailed – the Clean Water Act’s new limited scope
On May 25, 2023, the U.S. Supreme Court issued a 9-0 decision ending a nearly 16-year battle over the Clean Water Act’s (CWA) applicability to certain wetlands. In a five-justice majority opinion, the Court found that the CWA applies only…
Environmental protections at risk in proposed Retained EU Law Bill amendment
When the UK finally left the EU on 31 January 2020, it kept virtually all EU laws on the UK statute book. This was not straightforward and a detailed set of provisions was fought over in the withdrawal agreement with…
EPA bets on CCS in proposed regulations under Clean Air Act
The Biden administration just announced draft regulations that would require most coal-fired and gas power plants to capture and sequester up to 90 percent of their carbon emissions by the middle of the next decade, a move with the potential…
A new item on the Renewable Fuel Standards menu—eRINs
The US Environmental Protection Agency (EPA) recently proposed a significant addition to its Renewable Fuel Standards (RFS) program—the renewable electricity RIN (eRIN). The eRIN is a new kind of renewable identification number (RIN) obligated parties could obtain to meet their…
Full Value Chain Emission Disclosures – A California ESG Bill Resurrected
The California Climate Corporate Data Accountability Act (“SB 253”) was recently introduced and passed the state’s Senate Environmental Quality Committee on March 15, 2023. SB 253 aims to broaden Environmental, Social, and Governance (“ESG”) state disclosure requirements, targeting high earning…
OSHA Enhances Enforcement via “Instance-By-Instance” Citations and De-Grouping Violations
The Occupational Safety and Health Administration (OSHA) recently released two memos instructing enforcement officers on “instance-by-instance” citations and de-grouping violations to deter infractions.
OSHA’s prior policy on instance-by-instance citations, published in 1990, applied just to willful citations. The new guidance identifies several…
California Green Hydrogen Update
As we previously covered, California has been working towards the development of “green hydrogen,” i.e., hydrogen fuel produced by splitting water into hydrogen and oxygen using renewable electricity. Most stakeholders acknowledge that green hydrogen is a critical (but predominantly…
Two reasons to expect little progress at COP27
We are not expecting further big climate reduction commitments from countries this year at COP27. The leaders of China and Russia (the world’s first- and fifth-largest climate polluters) are not attending the event, nor are officials from many of the…