With the growing emergence of Extended Producer Responsibility (EPR) laws, companies selling products in the United States must increasingly plan for the end of a product’s life. EPR programs shift waste-management responsibilities that have traditionally been handled by consumers or
The Nickel Report
Trends and Developments in Energy and Environmental Law
Latest from The Nickel Report - Page 2
COP28: Unpacking the Results and the Road Ahead in Global Climate Action
Last week marked the conclusion of the 28th Conference of Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCC) in Dubai, United Arab Emirates (UAE). As we previously discussed, the expectations were COP28 would tackle a…
New Challenges to Permitting Under the Clean Air Act
Under the federal Clean Air Act, new major sources of air pollutants and major modifications to existing sources are required to obtain preconstruction permits, known as PSD permits, even when locating in an area that attains the National Ambient Air…
COP28: What to Expect in Dubai
The 28th Conference of Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCCC) negotiating process will take place in Dubai, United Arab Emirates, beginning today, November 30, through December 12. As in the past,…
California Attorney General Issues Stark Warning to Businesses Regarding Enforcement of PFAS in Food Packaging and Cookware Laws
On October 17, 2023, the California Attorney General (AG) Rob Bonta released an enforcement advisory letter to manufacturers, distributors, and sellers of food packaging and cookware detailing how he intends to enforce AB 1200, a law which: 1) bans…
New Report Suggests DOJ to Continue Actively Pursuing Environmental Justice-Focused Enforcement Actions
On October 13, 2023, the US Department of Justice (DOJ) published its first annual report detailing the implementation of its Comprehensive Environmental Justice Enforcement Strategy (EJ Strategy). As we reported, in mid-2022, DOJ established an Office of Environmental Justice…
European Union Advances Mandatory ESG Reporting Standards
A set of mandatory environmental, social, and governance (ESG) reporting standards, the European Sustainability Reporting Standards (ESRS), are set to enter into force in the European Union (EU) at the end of this year. These standards require mandatory ESG reporting…
EPA’s Latest Proposed Coal Ash Rule May Impact Beneficial Use
EPA’s latest proposed CCR regulations could impact beneficial use practices.…
First-in-the-Nation Climate Disclosure Bills Become Law In California
On October 7, 2023 California Governor Gavin Newsom signed two landmark climate disclosure laws aimed at making major companies publicly disclose their greenhouse gas emissions and report on their climate-related financial risks. The first, the Climate Corporate Data Accountability Act…
Frequently Asked Questions About EPA’s Expansive PFAS Reporting Rule under the Toxic Substances Control Act
On October 11, 2023, EPA released its final rule imposing detailed reporting requirements on entities that have manufactured or imported PFAS for commercial purposes. Notably, the reporting rule also applies to importers of articles containing PFAS, which could include many…