All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a subscription-based resource for King & Spalding clients who sell or distribute just...more
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead -
As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
12/21/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Climate Change ,
Department of Energy (DOE) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
NEPA ,
Proposed Rules ,
Toxic Chemicals
President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more
5/3/2023
/ Clean Air Act ,
Department of Environmental Quality ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hazardous Substances ,
NEPA ,
NGOs ,
OSTP ,
Pollution Control ,
Right To Know ,
Transparency
In our article published in the last edition of this Gazette, we discussed late 2021 to early 2022 developments concerning extended producer responsibility (EPR) programs and the regulation of per- and polyfluoroalkyl...more
9/26/2022
/ California ,
Colorado ,
Environmental Protection Agency (EPA) ,
Hawaii ,
OEHHA ,
PFAS ,
Product Packaging ,
Proposition 65 ,
Rhode Island ,
State Bans ,
Washington
In the proposed rule, EPA outlines the limited direct effects of the proposal – Businesses must report releases of PFOA and PFOS of one pound or more within a 24-hour period; and transport substances or mixtures that contain...more
Near- and Longer-Term Objectives Expected to Impact Wide Range of Industries -
On October 18, 2021, the Environmental Protection Agency (EPA) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024. For...more
10/22/2021
/ CERCLA ,
Discharge of Pollutants ,
Drinking Water ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
Emphasis on Environmental Justice and Climate Change -
The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more
10/21/2021
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NEPA ,
RCRA ,
Safe Drinking Water Act ,
Site Remediation ,
Strategic Planning ,
Toxic Substances Control Act (TSCA)
Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more
Proposed Rule Concerning Additional Extensions Forthcoming -
Companies across a wide range of economic sectors have been waiting for a decision from the U.S. Environmental Protection Agency (EPA) on whether to extend the...more
In recent months, a variety of state legislatures have passed laws that restrict or regulate packaging, including that used for food and beverages. One set of laws concerns extended producer responsibility (EPR) programs that...more
Is This a “PBT 2.0” Scenario in the Making?
On June 10, 2021, the U.S. Environmental Protection Agency announced a proposed rule for collecting information about manufactured and imported goods containing any chemical...more
Agency Responds to New CDC Guidance on Risks from Surfaces and Recognizes Breadth of Approved List N Products -
Since March 2020, EPA has prioritized and expedited reviews of disinfectant products under the Federal...more
Proposal Features Expanded Exemptions and Revised Fee Allocation Approach -
On January 11, 2021, EPA published proposed revisions to the Toxic Substances Control Act (TSCA) fees rule that would create several exemptions...more
Renewable-Sourced Products May Require Authorization as "New Chemicals" Under TSCA -
On December 22, 2020, the U.S. Environmental Protection Agency issued a Compliance Advisory under the Toxic Substances Control Act...more
Guidance Provides Roadmap for Companies Seeking Expedited Review of Products Aimed at Combatting SARS CoV-2 -
In August, EPA issued a narrowly tailored approval under the Federal Insecticide, Fungicide, and Rodenticide...more
Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
It’s hard to find a relevant regulatory agency in the United States that isn’t regulating per- and poly-fluorinated alkyl substances (PFAS). EPA describes PFAS presence in the environment as “one of the most pressing issues...more
9/17/2020
/ Contamination ,
Department of Defense (DOD) ,
Department of Environmental Protection ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Maryland ,
New Jersey ,
New York ,
Petrochemicals ,
PFAS ,
Refineries
The 2016 amendments to the Toxic Substances Control Act (TSCA) directed the United States Environmental Protection Agency (EPA) to evaluate the risk associated with existing chemical substances in U.S. commerce and...more
In the 2016 amendments to the Toxic Substances Control Act (TSCA), Congress directed EPA to evaluate the risk of all chemicals in U.S. commerce. The amendments also set specific deadlines for the initial sets of evaluations,...more
Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities?
A: Yes, COVID-19 has had a significant impact on companies’ environmental, health and safety obligations,...more
6/16/2020
/ Air Quality Standards ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Hazardous Waste ,
Health and Safety ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Virus Testing ,
Workplace Safety
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
The U.S. Environmental Protection Agency (“EPA”) recently issued new regulations for managing pharmaceutical waste under the Resource Conservation and Recovery Act (“RCRA”). The rules specify new requirements for hazardous...more
2/20/2019
/ Environmental Protection Agency (EPA) ,
FDA Approval ,
Hazardous Waste ,
Healthcare Facilities ,
Hospitals ,
New Regulations ,
New Rules ,
Pharmaceutical Industry ,
Prescription Drugs ,
RCRA ,
Small Generators ,
Solid Waste ,
Waste Management
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”).
PFAS are a...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies
When businesses are faced with the staggering effects of natural disasters such as Hurricane Harvey, they usually rise to the occasion, doing all they can to remediate those effects and provide needed goods and services. In...more
LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe -
The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more
1/20/2017
/ Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Incident Response Plans ,
Liability Insurance ,
Limitation of Liability Clause ,
Liquid Natural Gas ,
Maritime Transport ,
Mining ,
Natural Gas ,
Oil & Gas ,
PHMSA