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Compliance

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Jonathan Cocker will be presenting an upcoming paper at the Venice Symposium 2020 organized by the International Waste Working Group on sustainable food packaging in biogas production in partnership with members of the European Union’s Realizing the Transition to the Circular Economy (ReTraCe) program, including Amos Ncube, PhD Candidate at University of Naples ‘Parthenope’  Department of Science and Technology.

The aviation industry has been hard-hit by the recent pandemic. In many, though not all countries, environmental performance conditions have been placed upon bailouts of various aviation stakeholders. For instance, in Canada, airlines and others receiving federal relief funds must both report and plan on climate change and related sustainability performance and initiatives. With aviation’s recovery in the spotlight, the industry needs to show progress on some environmental metrics, including waste, which will invariably lead…

Governments across the globe are grappling with the growing problem of plastic pollution, which threatens wildlife, marine ecosystems and may negatively impact human health. To deal with this threat, the Government of Canada is demonstrating leadership by pledging to increase plastic waste diversion, reduce single-use plastic in its operations, meetings and events, and procure sustainable plastic products. In September 2019, the federal government put out a Request for Information (RFI) on upcoming requirements on packaging…

NEW FEDERAL DECREE REGULATES THE TAKE-BACK SYSTEM FOR MEDICINES – Trench Rossi Watanabe The Federal Decree No. 10,388/2020, which regulates the take-back system for medicines nationwide, was published last Friday (June 5th, 2020) on an extra edition of the Federal Official Gazette. The regulation will come into force a hundred and eighty (180) days after its publication.The system will cover the structuring, implementation and operationalization of the take-back system for disused or expired household medicines,…

ENVIRONMENTAL | CETESB publishes new regulation for sanctioning procedures – Trench Rossi Watanabe The Environmental Protection Agency of the State of São Paulo (CETESB) published Board Decision No. 55/2020/P with new regulation applicable to sanctioning administrative procedures. Please find below some of the main changes:Granting of discounts: in case of fines, the violator might obtain the following discount options in order to terminate the procedure:a) 30% in case the violator opt for a prompt payment.b) 15%…

Environmental | Brazilian Federal Supreme Court rules unconstitutional State law about the installation of mobile phone antennas – Trench Rossi Watanabe On April 30th, 2020, the Federal Supreme Court (STF) ruled unconstitutional State Law No. 10995/2001 of the State of São Paulo. The law disposes about conditions for installing mobile phone antennas. According to STF, the law violates the subsidiarity principle since the Federal Union has the competence to legislate about telecommunications and the National…

A recent decision out of the Southern District of Indiana joins a small number of decisions that have considered what is required for a buyer to satisfy all appropriate inquiries and qualify as a bona fide prospective purchaser (“BFPP”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” also known as “Superfund”). The case, Van Duprin LLC v. Moran Elec. Serv., No. 16-cv-01942 (S.D. Ind. March 30, 2020), highlights the fact that even though…

On April 15, the U.S. District Court for the District of Montana held that the Army Corps of Engineers failed to comply with the Endangered Species Act consequently must reconsider its Nationwide Permit (NWP) 12, which authorizes discharges under Section 404 of the Clean Water Act associated with the construction, maintenance or repair of pipelines, electrical lines, cable lines, and other utilities. The case, Northern Plains Resource Council v. U.S. Army Corps of Engineers, No.…

This week the U.S. Supreme Court continued its plain language approach to interpreting CERCLA, allowing property owners’ state law claims for restoration of their properties to proceed in Montana even though resolution of the claims may require additional work than the U.S. EPA-determined remedy. See Atlantic Richfield Co. v. Christian, et al, No. 17-1498 (Slip Op. April 22, 2020).The decision creates uncertainty for parties responsible for cleaning up sites under CERCLA where there are pending…

The issue of enforcement during the COVID-19 outbreak became contentious this week, when the Natural Resources Defense Council (NRDC) filed a lawsuit against U.S. EPA in the U.S. District Court for the Southern District of New York over the temporary regulatory enforcement policy that U.S. EPA issued three weeks ago on March 26. NRDC’s April 16th lawsuit follows its April 1st Petition to U.S. EPA asking the Agency to issue an emergency rule requiring that…