One of the most significant environmental and energy policy issues today is climate change. One of the biggest events of the past year in environmental and energy policy was the Paris COP21 talks. More countries than ever have pledged to significant carbon cuts, yet in many people’s views, those pledges fall short of what a lot of scientists say is necessary. A recent interview of United Nations Secretary-General Ban Ki-moon with Kimberly Strassel, a member of The Wall Street Journal (WSJ) editorial board, highlights some of the challenges.
The WSJ found that attitudes toward climate change differ markedly by region of the world and by political affiliation:
The U.S. has a plan to reduce emissions by 28% but the proposal is the subject of ongoing litigation. In his interview, Secretary-General Ban Ki-moon expressed concern over the impact internationally if the U.S. cannot obtain approval to meet its commitments to reduce GHG. President Obama has said that climate change is a bigger threat than terrorism and when asked if he agreed, the Secretary-General noted that “….longer term, it is a much, much more serious issue....concluding that climate change does not respect any borders. It affects a whole humanity, it affects our planet Earth.”
In celebration of Earth Day 2016, the Corporate Environmental Lawyer blog will host a special campaign April 18-22 featuring unique news and stories about Earth Day events and activities taking place around the world, in addition to important developments in environmental law. As environmental lawyers, this is a good day for us to remember the contributions our clients and friends make to improving the environment in the communities where we live and work.
The theme for Earth Day 2016 is Trees for Earth. In anticipation of the 50th anniversary of Earth Day in 2020, planting trees is the first of five major goals that will highlighted in each of the next five years. The Earth Day Network challenges the world to plant 7.8 billion trees by 2020.
If you have any questions about our Corporate Environmental Lawyer blog or this special series, please feel free to contact me at email@example.com or 312-923-2717.
EPA recently took action under the Toxic Substances and Control Act (TSCA) to ensure no TCE containing consumer products enter the marketplace before the Agency has the opportunity to evaluate the intended use and take appropriate action. The new rule issued April 6, 2016, known as a Significant New Use Rule (SNUR), requires any company intending to make certain TCE containing consumer products provide EPA 90-day notice before making the product.
The final rule applies to TCE manufactured (including import) or processed for use in any consumer product, except for use in cleaners and solvent degreasers, film cleaners, hoof polishes, lubricants, mirror edge sealants, and pepper spray. A consumer product is defined at 40 CFR 721.3 as “a chemical substance that is directly, or as part of a mixture, sold or made available to consumers for their use in or around a permanent or temporary household or residence, in or around a school, or in recreation.”
EPA’s June 2014 Work Plan Chemical Risk Assessment for TCE identified health risks associated with several TCE uses, including the arts and craft spray fixative use, aerosol and vapor degreasing, and as a spotting agent in dry cleaning facilities. In 2015, EPA worked with the only U.S. manufacturer of the TCE spray fixative product, PLZ Aeroscience Corporation of Addison, Illinois, resulting in an agreement to stop production of the TCE containing product and to reformulate the product with an alternate chemical.
It is important to note that this regulatory action may affect certain entities with pre-existing import certifications and export notifications required under TSCA.
The rule becomes effective 60 days from its publication in the Federal Register.
On Thursday, April 7, 2016, Young Professionals in Energy (Chicago) is hosting an event titled “Hydraulic Fracturing in Illinois: What Has The National Frenzy Meant For Our State?” at Jenner & Block’s Chicago office. The event will be moderated by Jenner & Block attorney and YPE Board Member, Alexander Bandza, and will feature presentations from Jenny Cassel, Staff Attorney at Environmental Law and Policy Center, and Nancy Loeb, Director of the Environmental Advocacy Center, Northwestern University School of Law.
For more information and to RSVP click here.
It is difficult to envision a water scarcity issue when you turn on your tap in most places in the U.S. and immediately are provided with clean, fresh, and relatively low cost or even free water. Increasingly, this is not the case for many, and we only need to look at the recent water crisis in Flint to learn of the water quality and quantity concerns existing today. Understanding the water management needs and resources for your business is critical, as well as how this precious natural resource may be adversely impacted by climate change, population growth, and drought, among other considerations.
Summarized below are some important insights for business:
Today is World Water Day, and consistent with this year’s theme of “Water and Jobs,” this blog focuses on the impact of water shortages on jobs globally. According to the United Nations Conference on Environment and Development, an estimated three out of every four jobs globally are dependent on water, and a lack of access to water is likely to limit economic growth in the coming decades. More than 1.5 billion people are employed in industries that are heavily dependent on water, most in farming, fisheries, and forestry. The lack of clean, available water now and in the future will obviously have a very significant impact on all of these jobs.
In addition to preserving the above-referenced jobs, a 2016 United Nations Water Development Report noted that investing in projects intended to provide and improve access to safe water can result in a significant economic growth. For example, investments in small scale projects in Africa could offer a return equivalent to five percent of the continent’s economic output. Similarly, for every $1 million invested in the United States to upgrade water supply and treatment systems, approximately 10 to 20 additional jobs are generated, per the United Nations Development Report.
Please click here to view a video message from Guy Ryder, the ILO Director-General and Chair of UN Water, discussing the importance of World Water Day 2016.
Today the White House is hosting a Water Summit to shine a spotlight on the importance of cross-cutting, creative solutions to solving current water problems as well as to highlight innovative strategies that will catalyze change in how we use, conserve, protect and think about water now and in the years to come. The Water Summit brings together public and private entities to consider some of the most significant water-related challenges. 150 external institutions are joining the Federal government in announcing new efforts and commitments to enhance the sustainability of water in the U.S. by managing our water resources and infrastructure for the long term.
Examples of these new developments include:
- Nearly $4B in private capital committed addressing water-related infrastructure;
- More than $1B from the private sector over the next decade to conduct R&D into new technologies;
- A Presidential Memorandum and supporting Action Plan on building national capabilities for long term drought resilience;
- Nearly $35M this year in Federal grants from EPA, NOAA, National Science Foundation and DOA supporting water science; and,
- The release of a new National Water Model to enhance river-forecasting capabilities.
Read the White House Fact Sheet for more breaking news about the Water Summit and new developments in recognition of World Water Day.
There is no life without water. Yet it is not often mentioned that the availability and sustainable management of water has a direct link with the creation of quality jobs. The theme of 2016 World Water Day — Better water, better jobs — aims to highlight how water can create paid and decent work while contributing to a greener economy and sustainable development.
Today, almost half of the world's workers, or about 1.5 billion people, work in water-related sectors. Around 650 million people (one in 10 of the world's population) do not have access to safe water, putting them at risk of infectious diseases and premature death. Dirty water and poor sanitation can cause severe diarrhoeal diseases in children, killing 900 under-fives a day across the world, according to United Nations estimates — or one child every two minutes. The availability and quality of water has a direct impact on workers' lives. Every year over 340,000 workers die because of inadequate water supply and sanitation. Fishermen depend on the quality of fresh water, while a farmer's job depends on the ability to manage the available freshwater. In factories, 38 workers die from water-related diseases every hour, which can be prevented with cleaner water and sanitation.
Women and often children have to trek for hours every day to bring home water for their families. However, if availability of water was guaranteed, they could be learning skills that would help them to find better work. This is why the 2016 World Water Day theme — water and jobs — is so important. It is focusing on how enough quantity and quality of water can change workers' lives and livelihoods — and even transform societies and economies.
Read the entire article and see compelling images that accompany it of the importance of water to the economy and better jobs.
On Wednesday, March 16, 2016, Jenner & Block partners E. Lynn Grayson and Allison Torrence will be speaking at a Chicago Bar Association CLE Seminar titled "Major Cases and Regulatory Changes in Environmental Law." Lynn Grayson will be presenting on proposed RCRA generator and pharmaceutical rules, and Allison Torrence, who is Chair of the CBA Environmental Law Committee, will be presenting on the U.S. v. Volkswagen Clean Air Act litigation.
The seminar is on Wednesday March 16, 2014 from 3–5 pm at the Chicago Bar Association, 321 S. Plymouth Court. A networking reception will be held at the CBA immediately following the seminar, from 5–6 pm.
For more information and to register for the seminar click here.
On March 7, 2016, the Ninth Circuit granted Boeing’s petition seeking to appeal the remand to state court of an environmental class action lawsuit alleging the improper disposal of hazardous chemicals into soil and groundwater at a site in Auburn, Washington. This would be the second time that Boeing has appealed an order remanding the case back to state court. In the first go-around, the district court granted plaintiffs’ motion to remand, applying the single-event exception to removal under the Class Action Fairness Act of 2005 (CAFA). Boeing appealed, and the Ninth Circuit concluded that the single-event exception to CAFA removal did not apply and directed the district court to examine plaintiffs’ separate argument in support of remand based on CAFA’s local-controversy exception. Under CAFA’s local-controversy exception, federal courts should decline to exercise jurisdiction over a class where at least two-thirds of the class are citizens of the state in which the complaint is filed and at least one defendant is a citizen of the filing state whose alleged conduct forms a significant basis of the asserted claims and from whom the class seeks significant relief.