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November 2016

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On November 29, 2016, EPA identified the first ten chemicals that it will send through the risk review process under the amended Toxic Substances Control Act (TSCA). EPA was obligated to publish this list by December 19, 2016.  Publication of the list in the Federal Register in the next several days will trigger the three-year statutory deadline for EPA to determine whether the chemicals present an unreasonable risk to humans and the environment.  If EPA…

Jonathan Cocker’s Canadian chapter will be published in the upcoming The Environment and Climate Change Law Review. Keep an eye out for the release date of this publication. With special thanks to Kelsey MacKay, who assisted in the research and writing of the Canadian chapter.

Environment Canada has published its proposed risk management measures for embattled Triclosan, confirming that Pollution Prevention Plans, mandated under the Canadian Environmental Protection Act, will soon be required for its continued use in Canadian consumer products, including: non-prescription drugs, natural health, personal care and cleaning products such as antibacterial soaps, skin cleansers, toothpastes, make-up, deodorants, skin creams, fragrances; and general purpose cleaners, and detergents. Triclosan Use Already Restricted Efforts to regulate Triclosan in Canada are not…

You are a multinational retailer, importer or brand owner and have been increasing your on-line sales in recent years, with a particular spike on Cyber Monday.   Your products are now reaching consumers in a number of international markets, including Canada. Canada’s Waste Diversion Laws You are aware that Canada, like the EU, has some waste diversion legal obligations but your product distribution is relatively small in that country and you don’t have much, if…

Baker & McKenzie , Global Compact Network Canada, and CDP are pleased to invite you to a breakfast presentation of key findings and engagement opportunities from CDP’s upcoming research report on the Oil & Gas sector, on December 8th in Toronto. The report covers 11 of the largest publicly held O&G companies that disclose to CDP, ranking them in a league table based on metrics which could impact their financial performance. Metrics considered are related…

In March, 2017, Jonathan Cocker will present his paper North America’s First Independent Producer Responsibility Regime Set to Launch at The Thirty-Second International Conference on Solid Waste Technology and Management in Philadelphia. Participants are expected from over 40 countries to speak on a variety of issues related to all aspects of solid waste technology and management.

After years of stated intentions, product stewardship obligations have finally come to what may be the most environmentally-challenging post-consumer good: end-of-life passenger vehicles (ELVs). On September 30th, 2016, Ontario enacted O. Reg. 85/16 (the ELV Reg.): requiring all eligible ELV waste disposal sites to register their activities related to the operation of an ELV waste disposal site, as well as activities related to equipment that may discharge contaminants to the air at the ELV waste…

Environment Canada has published a Notice of Intent to further amend the Domestic Substances List to mandate that the following 25 substances (identified by CAS number) be subject to new (or additional) Significant New Activity pre-import/manufacture notification obligations: 72-43-5 87-86-5 1582-09-8 1897-45-6 1912-24-9 3691-35-8 51-03-6 62-73-7 76-06-2 87-90-1 88-30-2 94-75-7 133-06-2 133-07-3 333-41-5 584-79-2 2921-88-2 8001-58-9 8003-34-7 10453-86-8 10605-21-7 12069-69-1 13356-08-6 20543-04-8 23564-05-8 “Activities” with these substances in excess of 100 kg per year…

*Our Firm’s EMI group has authored this helpful summary on the anticipated impact of the recent US election upon energy, mining and infrastructure, which will also have implications for our environmental and climate change practices: The surprise election of Donald Trump has caused a flurry of research to discover, and often reconcile, Trump’s policy proposals. Other than relatively broad platitudes, Trump’s plans for many sectors of the economy are unclear and at times inconsistent.…

Between 2010 and 2014, provincial governments from Ontario westward, as well as the federal government, implemented renewable fuel standard (RFS) regulations.  Targeting both gasoline and diesel, the stated goal for these standards has been the presumed greenhouse gas emission reductions that come with ethanol and renewable distillate content, with rural economic opportunity to supply the mandated renewable content often mentioned as an ancillary benefit. This importance to the local agricultural economies of RFS can be seen in…