Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Last week, the U.S. Supreme Court issued its decision that the…
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health advisories are listed below:
| PFAS | Health Advisory (in parts per trillion) |
| PFOA (perflurooctanoic acid) | 0.004 ppt |
| PFOS (perfluorooctane sulfonic acid) |
While we await the SEC’s proposed rules regarding mandatory climate change disclosures (signaled to be coming as soon as next Monday, March 21), the SEC has been digging in to company filings to scrutinize how, if at all, its registrants are addressing climate change. As we previously reported, the SEC took a number of…
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of manufacturers in 2022.
1. Emerging Contaminants
We have been talking about per- and polyfluoroalkyl substances (PFAS) for so long…
Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market capitalization losses.
Danimer manufactures polymers, resins, and plastic alternatives that are used in a number of plastic products. The complaint alleges that the company…
It wouldn’t be a change in Presidential administration without a change to the all-important definition of “Waters of the United States” (“WOTUS”) under the Clean Water Act. Last year, we updated you on Clean Water Act developments, including the then-new Trump administration WOTUS rule. The WOTUS rule defines which waters are subject to Clean Water…
Last month, Maine signed the nation’s first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States.
Maine’s extended producer responsibility for packaging law, LD 1541, will shift the costs of dealing with product packaging, whether it is recyclable or not, from…
Last week, Coca-Cola was sued by Earth Island Institute for deceptive marketing regarding its sustainability efforts “despite being one of the largest contributors to plastic pollution in the world.”
In the Complaint, Earth Island Institute, a not-for-profit environmental organization, alleges that Coca-Cola is deceiving the public by marketing itself as sustainable and environmentally friendly while…
Thank you to Jonathan Schaefer for this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Growing evidence suggests that corporate focus on ESG—Environmental, Social, and Corporate Governance—may offer short- and long-term advantages to both companies and investors. These…
This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new takes on established programs. The following are a few initiatives that could impact manufacturers in 2021.…
