By Paul A. Davies and Michael D. Green
The Parliament voted in favor of a single-use plastics ban and added its own amendments.
Plastics continue to face widespread regulatory attention in the EU. The European Commission (the Commission) released its Plastics Strategy in January 2018 and built on that effort with a proposed ban on 10 single-use plastics in May 2018 (a number of Member States have proposed similar national initiatives). The Commission’s proposals are currently the subject of the EU’s legislative procedure, which includes a review by the European Parliament (the Parliament). The Parliament is looking to materially extend the banned list.
The Commission’s May 2018 proposals include:
- Banning plastics in certain products (such as cotton buds, straws, cutlery, plates, etc.)
- Creating consumption-reduction targets for food and drink containers
- Imposing obligations on producers in relation to the costs of waste management and building awareness
- Implementing collective targets for single-use plastic bottles
- Imposing standardized labeling concerning the presence of plastics, their negative environmental impact, and how such waste should be disposed
- Developing awareness-building measures
In an unpublished opinion issued September 14, 2018, Inland Oversight Comm. v. City of San Bernardino, Case No. E064836, the California Court of Appeal affirmed the trial court’s decision dismissing the Inland Oversight Committee (IOC), CREED-21, and Highland Hills Homeowners Association’s (HOA’s) (collectively, Petitioners’) appeal challenging the City of San Bernardino’s (City’s) approval of real party in interest First American Title Insurance Company’s (Developer’s) changes to a proposed development. In summary, the court determined:
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
In an unpublished opinion issued August 30, 2018, Stewards of Public Land v. City of Pasadena, et al., Case No. B277996, the California Court of Appeal affirmed the trial court’s denial of a writ of mandate challenging two Notices of Exemption (NOE) issued by the City of Pasadena (City) for minor physical and programmatic changes to the operation of an archery range in a City park (the Project). The court held that the City properly relied upon the Category 1 Exemption for minor alteration to existing structures or facilities, and that neither the historical resources or unusual circumstances exception to the exemption applied.
China’s Ministry of Emergency Management (MEM) has announced the establishment of a new department responsible for the safety, supervision, and management of hazardous chemicals. The MEM replaced the former State Administration of Work Safety (SAWS), and took over responsibility for product safety relating to fireworks, pharmaceuticals, and the chemical industry.
Over the past month, two US Courts of Appeals have rejected Clean Water Act (CWA) citizen suits seeking to hold power companies liable for discharges of pollutants from coal ash disposal facilities “through” groundwater to waters of the US. Although the Fourth Circuit accepted that discharges through groundwater could be the basis for liability, it held that the relevant ash piles and impoundments were not “point sources” for purposes of the CWA. The Sixth Circuit likewise held that the ash disposal facilities at issue were not point sources, but — contrary to the Fourth Circuit — also held that discharges through groundwater were not actionable under the Act. Collectively, these recent decisions stand as a significant new obstacle to citizen suits against owner/operators of coal ash impoundments. At the same time, the decisions deepen a circuit split on the so-called “groundwater conduit” theory of CWA liability, helping to tee the issue up for possible Supreme Court resolution. If the Court does take this question up, the outcome will be critically important for many industry sectors, including electric power, oil and gas, manufacturing, and mining companies, among others. The CWA imposes strict liability, and citizen suits based on groundwater conduit claims can result in extremely costly remedies — including large civil penalties and injunctive relief.
The Grand Chamber of the Court of Justice of the European Union recently issued a landmark judgment finding that impact assessments should be considered public documents. This decision sets a legal precedent in connection with the transparency, accountability, and decision-making processes of European institutions.
The Standing Committee of the National People’s Congress, China’s highest legislative body, passed the nation’s first law dedicated to soil protection and pollution prevention on August 31, 2018. China’s new law regulates soil pollution comprehensively and establishes liability policies, representing a major advancement in Chinese environmental governance. The law comes into effect on January 1, 2019.
The Global Energy Interconnection (GEI) initiative, originally developed by Liu Zhenya, the chairman of the Chinese State Grid Corporation, is dedicated to promoting global energy interconnections in a sustainable manner.