EPA hopes to issue its final National Recycling Strategy (NRS) this November, according to recent statements by acting director of EPA’s Resource Conservation and Sustainability Division, Office of Land and Emergency Management Nena Shaw at the American Bar Association’s Fall Conference. Previously, EPA indicated it intended to finalize the NRS in the spring of 2021 with an implementation roadmap out in the fall of 2021. To date, the agency has yet to release its final NRS.
Continue Reading Waste Not, Want Not: EPA’s Impending National Recycling Strategy

Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach:  the U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA’s 2019 rule entitled “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule).  NHTSA, “Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule).

Continue Reading Administration Takes Step 1 For California to Blaze the Greenhouse Gas Vehicle Standard Trail

Among the flurry of executive actions signed by President Biden last week on inauguration day was a presidential memorandum aiming to revise the regulatory review process.  Titled “Modernizing Regulatory Review,” the memo is directed at the heads of executive departments and agencies and has dual focuses that show the Biden Administration’s commitment to strengthening key tenets of regulatory review while enhancing the focus on equitable and other considerations in the process.  Though it garnered less attention than other actions issued simultaneously, this memo signals President Biden’s ambitious regulatory agenda and may have far-reaching effects that pervade the regulatory process.
Continue Reading Presidential Memorandum Directs Evolution in Regulatory Review

On November 29, Voters in Switzerland narrowly rejected the “Responsible Business Initiative” (RBI), which would have extended liability to multinational corporations and their subsidiaries and suppliers for noncompliance with international environmental and human rights standards, not just in Switzerland but also when doing business abroad. The majority of Swiss voted in favor of the RBI, but the referendum failed due to unique requirements associated with Switzerland’s direct democracy.

Continue Reading Switzerland Narrowly Rejects Novel ‘Responsible Business Initiative’ on Multinational Corporation Environmental- and Human Rights-Based Liability