Environmental Marketing Claims Receive Business Scrutiny
Consumers and governments have applied greater scrutiny to environmental marketing claims. Enforcement for environmental marketing claims has typically come from the U.S. Federal Trade Commission (FTC), under its Guides for the Use of Environmental Marketing Claims at 40 C.F.R. Part 260, also called the “Green Guides.” But last week the National Advertising Division (NAD) of BBB National Programs issued a decision on environmental marketing, reminding manufacturers of actors outside the federal government that can affect environmental claims for products. (more…)
U.S. EPA Announces Further Regulation of Manufactured Goods Under Toxic Substances Control Act
In an announcement that portends substantial regulatory changes, the head of the U.S. Environmental Protection Agency (EPA) chemicals office announced a shift in policy to further regulate chemicals within manufactured goods or finished products. The change would mean that importers, manufacturers, and processors will need to know the chemicals in manufactured or finished goods and assess whether EPA restricts those chemicals. (more…)
Federal and State Legislative Activity Continues on PFAS
Federal and state lawmakers continue to advance legislative efforts to address per- and polyfluoroalkyl substances (PFAS). PFAS have been used in a variety of consumer products and industrial processes and are often recognized for use in nonstick cookware, waterproof apparel, and fire-fighting foam. The U.S. House of Representatives voted this week to pass legislation that would further regulate PFAS. In a bipartisan vote of 241 to 183, lawmakers advanced HR 2467, the PFAS Action Act of 2021, which would impose federal requirements to address PFAS under many environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Safe Drinking Water Act, and the Toxic Substances Control Act.
DC Circuit Orders EPA to Reconsider 2019 Renewable Fuel Standard Effects on Endangered Species
The U.S. Court of Appeals for the District of Columbia Circuit ruled on July 16 that the Environmental Protection Agency (EPA) must reconsider its 2019 targets under the renewable fuel standard (RFS) related to its potential effects on endangered species. In Growth Energy v. EPA, No. 19-01023 (D.C. Cir.), three groups of petitioners had challenged the rule: renewable energy producers, parties regulated by the RFS requirements, and a group of environmental organizations. (more…)
EPA Moves to Revise Chemical Reviews
This month the U.S. Environmental Protection Agency (EPA) has issued two policy changes that will likely have substantial regulatory effects on chemicals and manufacturing sectors. First, EPA announced that it will reopen risk evaluations for certain high-priority chemicals that were completed under the last administration. Second, EPA announced changes to its new chemical review program to focus more on considering all conditions of use and worker protections for a chemical under review.
California Agency Proposes Listing PFOA as a Carcinogen under Proposition 65
Earlier this month, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed listing perfluorooctanoic acid (PFOA) as a carcinogen under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Under Proposition 65, OEHHA maintains a list of carcinogens and reproductive toxins, and businesses must generally provide “clear and reasonable” warnings prior to exposing anyone in California to a listed chemical, including through consumer, worker, or environmental exposures.
New Guidance on Self-Disclosure of Violations Under EPA’s Audit Policy
Last week, the U.S. Environmental Protection Agency (EPA) issued new guidance related to its policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations (the Audit Policy), 65 Fed. Reg. 19618 (April 11, 2000). The new guidance, titled EPA’s Audit Policy Program: Frequently Asked Questions (the 2021 FAQ), provides an update to interpretive guidance from 1997, 2007, and 2015 for self-disclosure of potential noncompliance.
DOJ Environment and Natural Resources Division Withdraws Nine Guidance Documents From Trump Administration
Earlier this month, the Acting Assistant Attorney General supervising the Environment and Natural Resources Division (ENRD) at the U.S. Department of Justice (DOJ) has issued a memorandum rescinding nine policy or guidance documents issued for ENRD over the past three years. The documents generally concerned enforcement priorities and discretion and payments to third parties as part of settlements. The memorandum cites Executive Order 13,990, signed by President Joe Biden on January 20, 2021, which directs agencies to review agency agencies that may conflict with a range of environmental goals.
Environmental Justice Features in Early Biden Transition Planning
Earlier this month, U.S. President-elect Joe Biden announced multiple picks for the transition team with an environmental justice (EJ) focus. Leading the transition team for the Environmental Protection Agency (EPA) is Patrice Simms, who is vice president for healthy communities at Earthjustice. Simms has advocated for environmental enforcement focused on low-income communities and communities of color, and he has critiqued the Trump administration on the same topic. The transition team also includes alumni of the Obama administration with a reported record on EJ issues.
EPA Extends Deadline for Filing Under Chemical Data Reporting Rule to January 2021
The U.S. Environmental Protection Agency (EPA) has extended the deadline for submissions due under the Chemical Data Reporting (CDR) Rule from November 30, 2020, to January 29, 2021. The CDR report covers chemical manufacturing and processing for the four calendar years of 2016 through 2019. We have covered the scope and application of the CDR rule here.