On March 11, 2021, U.S. President Joe Biden signed into law the American Rescue Plan Act of 2021, which allocates more than $1.9 trillion to aid COVID-19 relief. Title VI of the law specifically provides $100 million to the Environmental Protection Agency (EPA) to address health disparities resulting from pollution and COVID-19. (more…)
Historically, the emissions standards for mobile sources promulgated by the U.S. Environmental Protection Agency (EPA) have been viewed as more ambitious than European Union (EU) standards. The United States’ stringent enforcement of mobile source emission standards may result in significant financial penalties; extensive injunctive relief, such as recalls and high-cost mitigation projects; corporate compliance requirements; and in some cases, criminal indictment.
On the other side of the Atlantic, in the EU, mobile emissions compliance regulations are becoming more robust. In particular, the EU appears to be adopting a stricter approach on emissions through a growing body of case law on the interpretation and application of existing emissions compliance regulations. In a judgment on 17 December 2020, in CLCV and Others, the Court of Justice of the European Union (Court) adopted a potentially broad interpretation on the definition of defeat devices and appeared to limit the scope of exceptions for their use in vehicles sold, registered, or put into service in the EU.1 This judgment is likely to set the benchmark for other proceedings on the admissibility of defeat devices in the EU.
Notably, there are at least six cases pending before the Court on mobile source emissions and the concept of defeat devices for light-duty passenger and commercial vehicles under Regulation (EC) No 715/2007 (Regulation).2
On March 1, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review a proposed rule that would require reporting and recordkeeping for the production of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). (more…)
The U.S. Court of Appeals for the 10th Circuit has vacated a stay of the Navigable Waters Protection Rule (NWPR) in Colorado, reversing the one court that had stayed the Trump administration’s rule redefining the meaning of “waters of the United States” under the Clean Water Act. (more…)
On February 24, 2021, the acting Chair of the U.S. Securities and Exchange Commission (SEC), Allison Herren Lee, issued a statement directing the agency’s Division of Corporation Finance to enhance its focus on climate-related disclosures in public company filings. (more…)
On February 24, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review the agency’s final rule addressing “good neighbor” obligations under the 2008 national ambient air quality standards (NAAQS) for ozone. (more…)