Environment, Land & Resources

Category Archives: Contaminated Properties & Waste

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EPA Updates Standards and Practices for All Appropriate Inquiries (AAI)

EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive Environmental Response, Compensation … Continue Reading

Treatment of PFAS Under New Phase I Environmental Site Assessment Standards Highlights Transactional Risk

A revised standard highlights the need for parties to consider non-scope considerations when conducting environmental assessments for transactions. By Kegan A. Brown, David S. Langer, Thomas C. Pearce, and G. Jack Mathews The American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action recently released an updated standard for … Continue Reading

EU Commission to Adopt a Regulation on Batteries, Energy Storage, and Electric Vehicle Batteries

The Initiative aims to promote sustainability in both the batteries value chain and the growing electric vehicle market. By Paul A. Davies and Federica Rizzo On 28 May 2020, the European Commission (EC) published its Inception Impact Assessment (IIA) to modernize the EU’s batteries legislation, in particular Directive 2006/66/EC of 6 September 2006 on batteries … Continue Reading

EU Commission Sets out Major Climate and Sustainability Proposals

The EU Commission aims to enshrine into law the 2050 climate-neutrality target and has taken further steps to establish a unified EU “green” classification system. By Paul A. Davies, Michael D. Green, and Federica Rizzo The European Green Deal, presented on 11 December 2019, provides a roadmap with actions aimed at boosting the efficient use of resources and the … Continue Reading

FAQ: EU Commission’s New Circular Economy Action Plan

The Action Plan is part of the European Green Deal promoting actions to boost the efficient use of resources by moving to a cleaner and more competitive Europe. By Paul A. Davies, Michael D. Green and Federica Rizzo On 11 March 2020, the European Commission published its Communication to the European Parliament, the Council, the European … Continue Reading

EPA’s Proposed Coal Ash Permit Program: 6 Key Points

The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units. By Claudia M. O’Brien and Stacey L. VanBelleghem On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery … Continue Reading

ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments

ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments Request for preliminary ruling from the Hague Court of Appeal confirms that the concepts of “waste” and “discard” must be interpreted broadly. By Paul A. Davies and Michael D. Green The European Court of Justice (ECJ) recently handed down its judgment in response to a request … Continue Reading

EU Introduces Single-Use Plastics Directive to Promote a Circular Economy

The Directive aims to reduce the impact of plastic products and therefore help protect the environment and human health. By Paul A. Davies and Michael D. Green On June 12, 2019, a new directive was published that aims to help protect land and marine environments, as well as human health. The mandate — Directive (EU) … Continue Reading

Basel Convention Extends to Include Transboundary Movements of Plastic Waste

The significant extension aims to manage plastic waste in an environmentally sound manner and support less developed nations that import waste. By Paul A. Davies and Michael D. Green On May 10, 2019, following two weeks of negotiations involving 1,400 delegates, at the Conferences of Parties to the Basel, Rotterdam and Stockholm Conventions, it was … Continue Reading

Circular Economy and End of Waste Status: French Government Issues Criteria and Procedures

Waste producers must comply with new criteria and procedures for objects and products to benefit from end of waste status. By Paul Davies The French government has developed many measures to foster circular economy approaches. Most recently, a Ministerial Order of 11 December 2018 (Order) sets out criteria and procedures to end the waste status … Continue Reading

Environmental Groups Face Another Loss in Coal Ash Fight

Latest court ruling further underscores circuit split on groundwater conduit theory. By Joel C. Beauvais and Stacey L. VanBelleghem The US District Court for the Central District of Illinois has held that power plant owners are not liable under the Clean Water Act (CWA) for discharges of pollutants from coal ash disposal facilities through groundwater … Continue Reading

New JRC Report Reviews Progress in Tackling Soil Contamination

The report supports the efforts of the EU’s Seventh Environment Action Programme. By Alexander Wilhelm According to a report prepared by the Joint Research Centre (JRC) — the European Commission’s science and knowledge service — countries across Europe are making progress on tackling soil contamination. The report[i] states that the management of contaminated sites in … Continue Reading

Chinese Authorities Crack Down on Yangtze River Environmental Offenders

Polluters of one of China’s most polluted waterways are increasingly facing prosecution through coordinated local and national efforts. By Paul A. Davies and R. Andrew Westgate Chinese authorities have been increasing their efforts to prosecute environmental offenders along the Yangtze River, the third-longest river in the world and the longest in Asia. The crackdown reflects … Continue Reading

The EU Adopts Four Directives to Solidify Europe’s Leading Position in Waste Management

The Circular Economy Package aims to “close the loop” of product lifecycles through greater recycling and re-use. By Paul A. Davies, Eun-Kyung Lee, and Patrick Braasch The Circular Economy Package includes four directives that were adopted by the European Parliament on 18 April 2018 (see Latham’s previous post) and by the EU Council on 22 … Continue Reading

China Faces Serious Water Supply Problems

China’s uneven distribution of water sources presents unique difficulties to China as demand for water is increasing rapidly. By Paul A. Davies and R. Andrew Westgate China’s water supply problems are well-known globally. However, the main problem facing China is how to distribute its water, rather than lack of water per se. 80% of China’s … Continue Reading

European Parliament Adopts Circular Economy Package

Member States will follow a single EU legislative framework merging industrial policies and environmental protection to encourage sustainable economic and social development. By Paul A. Davies and Jörn Kassow The European Parliament adopted the new Circular Economy Package, on 18 April 2018, setting ambitious, legally binding EU targets for waste recycling and reduction of landfilling. … Continue Reading

France Unveils Circular Economy Roadmap

The multi-pronged plan will encourage a collaborative national effort to dispose of France’s “consume and discard” model. By Paul A. Davies The French Prime Minister recently unveiled the country’s circular economy roadmap. The 50-item scheme, announced on 23 April 2018, is the result of consultation with stakeholders (November 2017 —January 2018) and a two-stage online … Continue Reading

China’s Action Against Plastic Pollution

The government’s plan to tackle internal and imported plastic waste is the latest phase in China’s clean energy commitment. By Paul A. Davies and R. Andrew Westgate Although China’s ambitious targets for reducing carbon emissions and air pollution have received global attention and coverage, the country’s significant steps to reduce solid waste pollution have been … Continue Reading

The Spanish Government Launches Public Consultation on the Circular Economy Strategy

Spain takes a further step towards sustainable development with consultation on draft Circular Economy Strategy. By Rosa Espín and Leticia Sitges The Ministry of Agriculture and Fisheries, Food and Environment has launched a public consultation on a draft Circular Economy Strategy, which will involve the business sector, not-for-profit entities, and citizenship in the drafting process. … Continue Reading

China’s Ban on Waste Imports Upending Global Recycling Market

China implements ban on imported waste, stimulating plastic waste-exporting nations to develop alternative manufacturing, consumer products, and recycling strategies. By Paul Davies, Bridget Reineking, and Andrew Westgate Following China’s notification to the World Trade Organisation (WTO) in 2017, the country is now phasing in a ban on certain types of waste imports. The new Chinese … Continue Reading

European Commission Releases a New Plastics Strategy

The ambitious proposal aims to ensure all plastic packaging is reusable or recyclable by 2030. By Paul Davies, Michael Green and Betta Righini Background Amid increasing scrutiny of plastic waste, the European Commission (the Commission) has released a for plastics in a circular economy (the Strategy). The Strategy builds upon the European Union’s (the EU’s) … Continue Reading

UK Government Launches 25-Year Environment Plan

Long-awaited 25-year environment plan aims to “restore” nature and eliminate plastic waste. By Paul Davies and Michael Green The UK government has announced its long-awaited 25-year environment plan (the ‘Plan’). Having originally said it would publish the Plan by the end of 2016, the Department for Environment, Food & Rural Affairs (Defra) subsequently delayed the … Continue Reading

European Commission Emphasises Environmental Issues in 2018 Work Programme

By Michael Green and Paul Davies Following decision C(2017)7124 of the European Commission (EC), the EC has launched its Work Programme for 2018 (WP 2018). WP 2018 outlines plans for achieving the EC’s primary policy objectives during the next 12 months — with particular attention to environmental issues. WP 2018 outlines four “Focus Areas” (FAs) … Continue Reading
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