Several of the criticisms of the 2004 version of the ISO 14001 standard for environmental management systems have been that a business can achieve certification without taking into consideration impacts beyond its four walls, that management need not be significantly involved, and that the management system is not required to evaluate strategic context. The net effect has been that many “acceptable” environmental management systems are not integrated into existing business systems, stand alone as a bolt on process, are managed only by environmental technical experts, and essentially represent non-beneficial extracurricular activity for the business. This approach does not offer performance-enhancing synergies, but instead results in care and feeding drain on already lean environmental staffs. The newly released (September 2015) ISO 14001:2015 addresses these shortcomings and more.
IARC’s Classification of Red Meat and Processed Meats as Carcinogenic Exposes Food Manufacturers, Distributers, and Retailers to Proposition 65 Liability
The Internet was buzzing yesterday with news that the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) has classified red meat as a Group 2A carcinogen (“probably carcinogenic to humans”) and processed meat as a Group 1 carcinogen (“carcinogenic to humans”). In general, IARC evaluates the environmental causes of cancer in humans, including chemicals (e.g., formaldehyde), complex mixtures (e.g., air pollution), physical agents (e.g., solar radiation), biological agents (e.g., hepatitis B virus), and personal habits (e.g., tobacco smoking). IARC has long played a role as a source of scientific information that carries weight in federal and state regulation of potentially harmful substances and toxic tort lawsuits involving such substances.
A Jenner & Block team including Partner Gabrielle Sigel and Associate Alexander Bandza of the Firm’s Environmental and Workplace Health & Safety group, supported by Partner Jessica Ring Amunson and Associate Amir Ali of the Firm’s Washington, D.C. office, won a significant victory in federal court environmental and pipeline litigation on behalf of clients Apex Oil Co., Inc. and Petroleum Fuel & Terminal Co. (PF&T). Apex and PF&T are defendants in a cost recovery and injunction action brought against them by Chevron U.S.A. Inc. in the U.S. District Court for Maryland. Chevron’s lawsuit concerns a pipeline that PF&T purchased from Chevron in 1994. Chevron has claimed more than $30mm in damages for costs of remediating pollution allegedly caused by discharges from the pipeline over the course of approximately 20 years.
California is the ninth state to ban microbeads with passage of an aggressive new law prohibiting the tiny plastics beads by 2020. As the largest state to ban microbeads, this new California legislation appears to make it a virtual certainty that microbeads will be phased out across the country and possibly even through federal legislation.
Unlike bans enacted in Colorado, Connecticut, Illinois, Indiana, Maine, Maryland, New Jersey, and Wisconsin, A.B. 888 provides no exemptions for biodegradable plastic or a process to win approval for such an exemption. Both Michigan and Washington also are considering microbead bans.
Many personal care product manufacturers already have agreed to phase out the use of microbeads in their products over the next few years. Industry representatives agree there are alternatives and other options to replace the sector’s reliance upon microbeads. A new study concludes that 8 trillion bits of plastic enter oceans and lakes from the U.S. every day. The study also provides further support for the ban on microbeads to improve marine, environmental and public health.
Workers Comp: Will the Opt-Out Initiative Alter the 100 Year Old Social Compact Between Employers and Employees for Work-Related Injuries and Illnesses?
Dissatisfaction with existing workers compensation programs seems to be the norm these days. Employers are fed up with the costs of the programs, the sense that they provide incentives for employees to make false claims or to exaggerate real claims, and the bureaucratic process for claims resolution, among other issues. Employees are frustrated by the process for pursuing claims and the compensation schedules. As a result, the majority of states are considering changes to their workers compensation programs.
Fourteen major corporations based or operating in the U.S. have voiced strong support for the adoption of a new global settlement agreement. The companies endorsed a statement organized by the Center for Climate and Energy Solutions (C2ES) calling for negotiators at the UN Climate Change Conference in Paris to adopt “a more balanced and durable multilateral framework guiding and strengthening national efforts to address climate change.” The corporations supporting the C2ES statement include Alcoa, Alstrom, BHP Billiton, BP, Calpine, HP, Intel, Lafargeholcim, National Grid, PG&E, Rio Tinto, Schneider Electric, Shell, and Siemens Corporation.
The statement speaks to how a meaningful agreement could strengthen the role of and minimize risks to the private sector in the following ways:
Today Thomson Reuters’ published my blog, Executive Perspective: UN Sustainable Development Summit: Sustainable Energy Developments. The blog details the new 2030 UN Sustainability Development Agenda and how the recently adopted sustainable developments goals (SDGs) will influence sustainable energy growth around the world in the coming years.
Thomson Reuters’ Sustainability blog provides a wealth of information and resources on this important topic. I like to review the Editors’ Picks to get see the latest and most interesting sustainability developments.