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…
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…
While all States and Territories across Australia except for New South Wales have now banned single-use lightweight plastic bags, moves towards the phase out of other single-use plastics are still at the public consultation stages. The Queensland Government is the latest to seek public submissions on a proposed ban on the supply of plastic straws, stirrers, plates, cutlery, coffee and other cups, and heavyweight plastic bags. It joins the South Australian, Western Australian and the…
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…
New National Decree regulating the take-back system of electronics – Trench Rossi Watanabe The Federal Government published Decree No. 10,240/2020 in the Official Gazette last Thursday (February 13, 2020). The Decree regulates the take-back system on electronics nationwide. The new rule is aligned with the Sector Agreement for the take-back of electronics signed by the Ministry of Environment and some companies in the sector in October 2019. The Decree came into force immediately after its…
BRAZILIAN FEDERAL ENVIRONMENTAL PROTECTION AGENCY (IBAMA) REGULATES ENVIRONMENTAL OBLIGATIONS DURING THE COVID-19 PANDEMIC – Trench Rossi Watanabe Brazilian Federal Environmental Protection Agency (IBAMA) has taken some measures towards procedural and administrative deadlines in the context of the COVID-19 pandemic.Sanctioning procedures: The deadlines for IBAMA’s administrative procedures are suspended for an undetermined period, beginning on March 16, 2020 (Ordinance No. 826/2020), covering both administrative defenses and appeals. All environmental conciliation hearings are also suspended.Environmental licensing and management…
On March 30, 2020, the United States Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”), on behalf of the Department of Transportation, finalized the long-signaled rule establishing new carbon dioxide and fuel economy standards for light-duty vehicles. Per the final rule, carbon dioxide (“CO2”) emission standards and corporate average fuel economy (“CAFE”) standards for light-duty vehicles will now increase in stringency at 1.5 percent per year over the course of model…
Earlier this week, we provided guidance on the development of an “Environmental Action Plan” to address potential environmental regulatory and compliance challenges arising from the COVID-19 crisis. Our recommendations included – in the context of limited or unavailable EHS staff or resources and in response to plant shutdown orders – (i) a prioritized assessment of potential risks to human health and the environment and compliance concerns with permits or cleanup order obligations, (ii) effective communication…
Following California Governor Gavin Newsom’s shelter-in-place order in response to the COVID-19 emergency, California’s State Water Resources Control Board and the nine California Regional Water Quality Control Boards confirmed this week that they consider compliance with orders, permits and regulations to be an “essential function” under the order. The announcement does clarify that there is a mechanism for regulated entities to seek specific relief when a Water Board order or requirement cannot be timely met…