Determining whether the presence of nanoscale materials in chemical substances, mixtures, and articles triggers a disclosure obligation is complicated. The decision turns on a calculus that includes what law applies, what is known about the presence of nanoscale components, what knowledge standard applies, whether and how a nanoscale material is defined, and an entity’s interpretation of disclosure obligations. This article outlines the state of domestic environmental and securities law and regulatory policy regarding disclosure obligations pertinent to nanoscale materials. The article concludes that there are a growing number of potential disclosure obligations of which commercial entities should be aware, but that the nature of these requirements continues to be fluid and ill-defined.
What the REC? Understanding RECs, CRECs and HRECs in a Phase I Environmental Site Assessment
With all of the acronyms in the environmental consulting industry, reading a Phase I Environmental Site Assessment report can be a challenge. And if the report contains the acronym REC, confusion may give way to dread. A Recognized Environmental Condition, or REC, is a term used in a Phase I ESA report to identify a particular, potential environmental impairment on a property. However, finding a REC, HREC or CREC in a report is no reason to panic if you have a grasp of what they mean for your transaction. AAI:...
Illinois Utilities Begin to Design Community Solar Programs Under New Energy Law
Illinois utilities and regulators are putting into motion plans for community solar programs under the state’s Future Energy Jobs Act that passed last year. In filings with the Illinois Commerce Commission (ICC) last month, ComEd outlined proposed terms and conditions for “Community Supply,” also referred to as community solar. Ameren Illinois has also recently filed paperwork with the ICC outlining changes to net metering policies as the state moves to implement community solar. So far,...
Enforcement of Superfund Liabilities Expands Beyond Environmental Avenues
A recent Superfund-related case in New Jersey highlights how US authorities, both Federal and State, will not take kindly to companies that seek to circumvent their environmental responsibilities. Companies, and their subsidiaries, that are landowners or waste generators, who are responsible for contaminating a Superfund site should ensure they are in compliance with requirements to clean up the site, reimburse the government, or reimburse other parties for cleanup activities. The New Jersey House of Assembly...
The Uncertain Future of Environmental Legislation in Brazil
After a scare, Brazil`s President reiterates environmental commitments, but the battle continues On 7 June 2017, Enhesa’s regulatory analysts came across an Associated Press news item which said Brazil was considering following in the footsteps of the USA in stepping back from its commitments under the Paris Agreement on climate change. We asked one of our Brazilian EHS Regulatory Analyst, Larissa Copello, to look into this story in some more depth and provide some more insight… Two controversial...
How California’s greenhouse gas laws can better serve disadvantaged communities
Environmental justice advocates are working to ensure the state’s efforts to combat climate change benefit everyone — and the lessons can be applied nationwide. It was a time of year that should have been perfect. Warming temperatures marked Southern California’s gentle return to spring. The grass had shifted from drab to glowing green. The sky, which can be pale and hard in winter, had softened to a gentler blue. At the John Mendez Baseball Park in Los Angeles’ Wilmington neighborhood,...