Environment, Land & Resources

Tag Archives: environmental regulation

Spain Adopts a New Royal Decree-Law Promoting Renewable Energy and Economic Reactivation

The new measures include changes to grid access permits and a new remuneration regime for renewables, among other provisions. By María José Descalzo, José María Alonso, and Leticia Sitges On 23 June, the Spanish Government passed Royal Decree-Law 23/2020, which entered into force on 25 June, approving new measures in the energy sector that aim … Continue Reading

COVID-19-Related Derogations Under the EU Biocidal Products Regulation and Italian National Guidance

Economic operators are facing a number of practical and legal questions as EU and national authorities work to facilitate the supply of biocidal products. By Cesare Milani and Federica Rizzo The COVID-19 crisis has increased demand for disinfectants, hand cleaners, and other biocidal products, resulting in general shortages across most EU Member States. Many companies are currently working … 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

UK Government Outlines New Powers and Regulations in Environment Bill

The Bill proposes a post-Brexit system of environmental governance to oversee new powers and regulations in four environmental law areas. By Paul A. Davies and Michael D. Green On 15 October 2019, the UK government published the final draft of Environment Bill 2019–20 (the Bill), which aims to set out the government’s environmental priorities post-Brexit. … Continue Reading

China Publishes Public Consultation on Environmental Protection Regulations for Construction Projects

MEE Opinions aim to clarify application of laws, expand the scope of illegal behaviour, and introduce new administrative penalties. By Paul A. Davies and R. Andrew Westgate The Department of Laws, Regulations, and Standards of China’s Ministry of Ecology and Environment (MEE) recently issued a notice of Public Consultation for the Opinions on Several Issues … 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

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

SASB and CDSB Issue TCFD Implementation Guide

The Guide aims to improve climate-related risk disclosure in organizations’ mainstream reports. By Paul A. Davies and Kristina S. Wyatt The Sustainability Accounting Standards Board (SASB) and Climate Disclosure Standards Board (CDSB) have issued a Taskforce on Climate-Related Financial Disclosures (TCFD) Implementation Guide designed to foster improved reporting of climate-related information. The TCFD has enjoyed widespread … Continue Reading

Is China Relaxing Its Grip on “Iron Fist” Environmental Regulation?

Reports suggest that China’s promising focus on environmental regulation may be slowing amid an economic downturn. By Paul A. Davies and Andrew Westgate Background At the 2014 National People’s Congress, Chinese Premier Li Keqiang’s rhetoric adopting an “iron fist” approach in a “war against pollution” represented a stunning volte-face from China’s relaxed environmental oversight and … Continue Reading

Unanimous US Supreme Court Decision Takes a Hard Look at ‘Critical Habitat’

The decision gives landowners and developers a powerful tool to protect their interests and raises the bar for future critical habitat designations in unoccupied habitat. By Janice Schneider, Nikki Buffa, and Brian McCall The Supreme Court’s unanimous ruling in Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. (2018) has important implications for landowners … Continue Reading

Environment Agency Data Shows Spike in Enforcement Undertakings in England and Wales

The growth in the level of undertakings throughout 2018 tallies with a general increase in environmental enforcement. By Paul A. Davies and Michael D. Green The Environment Agency has released data indicating that enforcement undertakings in England and Wales reached more than £2.2 million in 2018 — the highest-ever levels within a single year. The amounts … Continue Reading

Post-Brexit Environmental Principles and Governance Bill Consultation Launches in UK

Consultation document proposes replacing the European Commission with a new environmental watchdog, among other recommendations. By Paul A. Davies and Michael D. Green The UK government has announced a consultation in relation to the proposed new Environmental Principles and Governance Bill, which aims to ensure maintained and strengthened environmental protection following the UK’s exit from … 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

Higher Fines Imposed for Environmental Offences

By Paul Davies, Michael Green and Alice Gunn Powerday plc was issued a record fine in April this year for offences relating to operations involving over 17,000 tonnes of waste deposited and stored illegally. Powerday – one of the biggest waste-management companies in the South-East of England – pleaded guilty and was subsequently fined £1 … Continue Reading

China Revises Hazardous Substances Restriction Laws

By Paul Davies, Andrew Westgate and Alice Gunn China’s Ministry of Industry and Information Technology (MIIT) has recently announced a revised version of the Restriction of Hazardous Substances (RoHS 1), which will come into effect on July 1, 2016. The revised legislation (RoHS 2) has significant implications for domestic and international companies manufacturing electrical and … Continue Reading
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