We reported in previous blog posts (here and here) on the European Commission’s Green Deal initiatives and their impact on companies doing business in Europe as well as the significant recent headwind against these instruments.
Continue Reading The EU’s Omnibus Package: A Step Back on Sustainability?
On 20 January 2025, France published a memorandum urging the EU to modify the Corporate Sustainability Reporting Directive (Directive 2022/2464, “CSRD”), and to postpone the application of the Corporate Sustainability Due Diligence Directive (Directive 2024/1760, “CS3D”). France’s statements resonate with the series of Executive Orders aiming in the U.S. at various markets deregulations, although to a lesser degree.
Continue Reading Corporate Sustainability Obligations in the EU: France Urges the EU To Postpone the Application of Adopted EU Directives
As we enter 2025 amid the devastating Los Angeles fires[1] and with a new presidential administration, we continue our series of yearly reviews of the most significant governmental actions taken by the state of California relevant to climate change in the previous year.[2]
Continue Reading 2024 In Review: California Climate Change Legislation, Policy and Regulation
Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses may continue to use the previous version of the short-form warning on consumer products through the end of 2027.
Continue Reading Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings
A week after a large-scale fire at the Moss Landing Power Plant in Monterey County,[1] California Assemblymember Dawn Addis (D-Morro Bay) introduced Assembly Bill (AB) 303. If passed, AB 303 – also referred to as the Battery Energy Safety & Accountability Act – will impact the development of large-scale battery energy storage system (BESS) projects in California. Intended to “improve safety standards and restore local oversight for [BESS] facilities in California,”[2] AB 303 will, among other things, limit approval authority to local governmental agencies, require local engagement in the permitting process, and establish mandatory buffer zones between BESS
Continue Reading Understanding AB 303: Potential Impacts for California BESS Project Development
As businesses and legal professionals strive to keep pace with California’s ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure warnings, Prop 65 continues to evolve, driven by new legislation, court rulings, and regulatory updates.
Continue Reading Prop 65 Year-End Highlights: 2024’s Key Regulatory Changes, Legal Battles, and Enforcement Trends
In light of the ongoing devastation wrought by the numerous wildfires plaguing Los Angeles County, California Governor Gavin Newsom has declared a state of emergency[1] and taken immediate action in an attempt to allow Angelenos to rebuild efficiently and effectively. One such action was the issuance of Executive Order (EO) N-4-25 on January 12th to temporarily suspend two time-intensive environmental laws.[2] In response, the City of Los Angeles Mayor Karen Bass issued her own executive order (Emergency Executive Order No. 1 [LA EEO1]) just one day later to “clear the way for Los Angeles residents to rapidly rebuild the
Continue Reading State and Local Executive Orders Suspend Time-Consuming Permitting and Review Requirements for Rebuilding Los Angeles
As devastating wildfires displace thousands in Los Angeles County, Governor Newsom has declared a state of emergency. In the wake of this crisis, California’s price-gouging laws impose strict limits on rental price increases to prevent exploitation of displaced individuals.
Continue Reading Protecting Against Residential Price Gouging During the Los Angeles Wildfires
Compliance with EPA’s Rule for Reporting and Recordkeeping Requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) will demand the attention and resources of companies that have manufactured or imported PFAS, or articles containing PFAS, since 2011.
Continue Reading EPA’s PFAS Dragnet: What Companies Need to Know About PFAS Reporting Under TSCA Section 8(a)(7)
Today, the City Council (by a vote of 31 to 20) approved the modified City of Yes for Housing Opportunity text amendment (COYHO), which aims to combat the housing crisis by making it possible to build a little more housing in every neighborhood. COYHO is the final piece of Mayor Eric Adams’s City of Yes vision, a trio of legislative packages that seek to modernize and update the City’s zoning regulations. The first was the City of Yes for Carbon Neutrality, passed in December 2023, which promotes environmental sustainability, and the second was the City of Yes for Economic Opportunity
Continue Reading City Council says Yes to the City of Yes for Housing Opportunity
Yesterday, the Zoning and Franchises Subcommittee (by a vote of 4-3) and Land Use Committee (by a vote of 8-2 and one abstention) approved the City of Yes for Housing Opportunity text amendment (COYHO), with modifications. COYHO is the final piece of Mayor Eric Adams’s City of Yes vision, a trio of legislative packages that seek to modernize and update the city’s zoning regulations (the first being the City of Yes for Carbon Neutrality to promote sustainability, which passed in December 2023, and the second being the City of Yes for Economic Opportunity to support economic growth and resiliency, which passed
Continue Reading City of Yes for Housing Opportunity Update
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National Environmental Policy Act (“NEPA”) leaves federal agencies and private projects facing tremendous uncertainty and likely delays in completing environmental reviews. In Marin Audubon Society v. Federal Aviation Administration, No. 23-1067 (D.C. Cir. Nov. 12, 2024), a divided panel ruled, nearly five decades after CEQ first adopted regulations directing federal agencies’ compliance with NEPA, that the CEQ’s rules are ultra vires because Congress has never given CEQ such rulemaking authority. With
Continue Reading DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo
Long-term changes to Toxics Release Inventory (“TRI”) reporting requirements under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) will require thousands of facilities to submit reports on per- and poly-fluoroalkyl substances (“PFAS”) for the first time in 2025. More than 196 PFAS chemicals are listed on the TRI list for the 2024 reporting year, and exemptions for PFAS contained at low concentrations in mixtures and articles no longer apply.
Continue Reading EPA Designation of PFAS as Chemicals of Special Concern Expands TRI Reporting Requirements for Nearly 200 PFAS
Plastic packaging and food ware are some of the first targets of California’s ambitious and far-reaching program to achieve a “Circular Economy” that reduces waste and pollution. The California Department of Resources, Recycling and Recovery (CalRecycle) is constructing a complex structure of procedures and requirements to reduce the total amount of plastic used in the state by at least 25 percent, to increase recycling of packaging and food service ware to 65%, and to ensure the use of recyclable or compostable materials in single-use packaging and containers for most products by 2032.
Continue Reading California Aims to Revolutionize Packaging and Food Ware: Answers to Key Questions about Recycling, Composting and Source Reduction Requirements
2025 will be a landmark year in the regulation of per- and polyfluoroalkyl substances (“PFAS”), which have been nicknamed “forever chemicals” because of their persistence in the environment. For decades, PFAS have been used in all kinds of products (see table below). Addressing problems related to PFAS has been a federal priority since 2021, when the U.S. Environmental Protection Agency (“EPA”) published its “PFAS Roadmap” outlining a program of research, control, and cleanup. Most recently, the EPA adopted new reporting requirements covering all PFAS used in products since 2011, which are expected to affect 130,000 businesses. In 2025, EPA data-gathering
Continue Reading PFAS Questions Every Company Needs to Ask Now: Have any of our products contained PFAS? Do we use PFAS at any of our facilities?
California recently amended its Proposition 65 regulations[1] to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat cooking. By adding insights from a recent Ninth Circuit opinion into the legislative mix, California hopes it has crafted the recipe for success in its ongoing First Amendment battle over compulsory Prop 65 warning labels for foods containing disputed carcinogens like acrylamide.
Continue Reading California Adds New Options to Growing Menu of Prop 65 Warning Labels for Foods Containing Acrylamide, Citing “Additional Guidance” from the Ninth Circuit