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California Leads Nation With Introduction of Ambitious Climate Disclosure Bill in State Legislature

Last week, California Senate Bill (SB) 260, the Climate Corporate Accountability Act was introduced in the California state legislature. If enacted, large corporations doing business in the state of California would be...more

Oregon Seeks to Modernize its Recycling Program

The Oregon legislature is considering House Bill 2065 (Bill or HB 2065), a bill designed to restructure Oregon’s recycling system. The Bill is the result of the Oregon Recycling Steering Committee, a collaborative process to...more

Hitching a Ride on the Omnibus: COVID Relief and Appropriations Act Includes Major Climate Change and Energy Provisions

On December 27, 2020, President Trump signed H.R. 133, the “Consolidated Appropriations Act, 2021,” an agglomeration of dozens of individual pieces of legislation which together total nearly 6,000 pages. While general press...more

Key Environmental Law and Policy Issues to Watch in the Biden Administration

On November 7, Joe Biden was projected to become President-elect. This news alert provides a high-level review of issues to watch and changes to expect in a Biden administration. Although the makeup of the Senate is not yet...more

FERC Proposes One-Year Deadline for States to Issue Clean Water Act Certifications

Acting in response to a Trump Administration Executive Order instructing federal agencies to reduce regulatory uncertainties and expedite construction of energy infrastructure, the Federal Energy Regulatory Commission (FERC)...more

Washington Continues Wide-Ranging Efforts to Address PFAS With Release of the Draft Chemical Action Plan

The Department of Ecology (Ecology) and the Department of Health have jointly released the Draft Chemical Action Plan (CAP) for per- and polyfluoroalkyl substances (PFAS). The Draft CAP will be available for public comment...more

OMB Urges Fairness in Administrative Enforcement and Adjudication

On August 31, 2020, the Office of Management and Budget (“OMB”) issued Memorandum M-20-31 (the “Memo”), which implements directives from a prior executive order to improve and reform administrative enforcement and...more

Carbon Markets Roundup - September 2020

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

Carbon Markets Roundup - September 2021

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

The SEC Updates Its Environmental Disclosure Requirements for the First Time in 30 Years

Companies that may need to disclose environmental penalties and other environmental information to the Securities and Exchange Commission (SEC) should take note: The disclosure rules are changing. Late last month the SEC...more

Recent and Forthcoming Environmental Rules and Guidance Could Be Reversed Under Congressional Review Act: Three Steps for...

If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more

Department of Justice Issues New Guidance Limiting Federal Clean Water Act Civil Enforcement Overfiling of State Actions

On July 27, 2020, U.S. Department of Justice (DOJ) Assistant Attorney General (AAG) Jeffrey Bossert Clark issued a memorandum setting forth limitations to federal civil enforcement discretion concerning certain Clean Water...more

EPA Lifting COVID-19-Related Enforcement Discretion Policy on August 31

On August 31, the U.S. Environmental Protection Agency (EPA) will terminate its March 26, 2020 policy that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy identified...more

EPA Weighs Lifting COVID-19-Related Enforcement Discretion Policy

EPA has recently confirmed that it is reviewing its March 26, 2020 guidance that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy, described in a prior Beveridge and...more

If you Handle PFAS, Your TRI May Be Different Next Year

Now that the 2019 Toxic Release Inventory reports are just about done, it is time to look ahead. If you or your clients manufacture cosmetics, cookware, medical devices, food packaging, carpets, textiles, outdoor gear or...more

Growing Climate Solutions Act Introduced with Broad Bipartisan Support

Late last week, a bipartisan group of U.S. Senators introduced the Growing Climate Solutions Act, aimed at increasing and encouraging nature-based greenhouse gas (GHG) reductions in the agriculture and forestry sectors....more

EPA Tackles Controversial Clean Water Act Certification Requirements

The U.S. Environmental Protection Agency (EPA) published a final rule to interpret the requirements for water quality certification under section 401 of the Clean Water Act. This Section grants states and approved tribes the...more

Ten Tips for Disinfectant Producers and Distributors During the COVID-19 Pandemic

During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more

EPA Finalizes Removal of Water Quality Standards Despite Pending Washington Lawsuit

In what may be the beginning of the final chapter of a long-running saga over water quality standards in Washington State (Washington), the U.S. Environmental Protection Agency (EPA) has approved the removal of federal human...more

NGOs Seek Court Order Compelling EPA to Respond to Petition for Emergency Rule on COVID-19 Enforcement Discretion

Key Takeaways - • Environmental NGOs plan to heavily scrutinize regulated entities’ compliance and EPA’s handling of non-compliance during the pandemic. ...more

EPA Highlights Enforcement Against Disinfectant Products Making Fraudulent Coronavirus Claims

Key Takeaways: What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more

Washington Gov. Inslee Issues Clarifications Regarding “Essential” Businesses Exempt from His “Stay-At-Home” Order

On March 31, 2020, Washington Governor Jay Inslee issued a Guidance Bulletin providing important clarifications concerning which industries are considered “essential” and therefore exempt from his March 23 Proclamation...more

EPA Policy Provides Enforcement Relief Where Needed Due to Pandemic

On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more

California Regulatory Agencies Emphasize Continued Compliance During COVID-19 Response

The California State Water Resources Control Board and the California Air Resources Board have provided direction for complying with regulatory requirements during the COVID-19 response....more

Washington Gov. Inslee Issues “Stay-At-Home” Order to Combat Coronavirus

In response to the rapid spread of coronavirus in Washington, on March 23, 2020, Governor Jay Inslee issued Proclamation No. 20-25, titled “Stay Home – Stay Healthy,” which requires individuals to stay at home except to...more

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