Winston’s Environmental Law Update

Winston’s Environmental Law Update focuses on legal environmental policies and issues facing industry investors, real estate or energy project developers, and financial institutions. As the political, corporate, and regulatory responses to environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy and compliance and execution.

FDA Issues Request for Food Packaging PFAS Data 07/25/22

On July 20, 2022, the FDA opened a docket to seek data regarding the presence of per- and polyfluoroalkyl substances (PFAS) in food containers that may migrate into consumers’ food. Electronic or written comments and scientific data and information must be submitted by October 18, 2022.

West Virginia v. EPA: What Comes Next? 07/05/22

The Supreme Court held the Environmental Protection Agency cannot establish a standard of performance for existing electric generating sources under Section 111(d) of the Clean Air Act based on a system of generation shifting like that developed for the Clean Power Plan. As a result, EPA’s Affordable Clean Energy Rule of 2019 could come back in effect…for now.

The Phase I Standard Used for CERCLA Defenses Will Stay the Same – For Now 06/09/22

On May 2, 2022, the U.S. Environmental Protection Agency withdrew its direct final rule that would have amended 40 C.F.R. Part 312 to recognize ASTM’s updated E1527-21 standard as satisfactory to fulfill the “all appropriate inquiries” requirement of certain defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

USFWS Proposes to List Northern Long-Eared Bat as Endangered 06/07/22

The USFWS determined that the northern long-eared bat now meets the definition of an endangered species, meaning that it is currently in danger of extinction. In the United States, the species occupies thirty-seven states ranging from Maine west to Montana, south to eastern Kansas, eastern Oklahoma, Arkansas, and east to South Carolina.