From Joseph Z. Fleming at GT Miami:

Whether there is global warming, climate change, or not, other nations are increasingly taking action to reduce the “carbon” footprint in a manner that will impose an ever-increasing footprint on the American workplace. An example recently occurred with the E.U.’s determination that U.S. carriers must comply with E.U. emissions reductions or, in the alternative, pay fines which could add up to billions of dollars. The United States has officially complained about this policy. The outcome is not final.  

The dispute may be a harbinger of an increasing trend to impose restrictions related to climate change, which may be faced by American employers. In addition to this newly reported development, recent reports (see here and here) have confirmed that the Foreign Trade Agreements proposed by the United States with other nations increasingly contain not only labor but environmental standards, some of which are stricter than those in the United States. 

When the initial issues of global warming and climate control arose decades ago, the conventional wisdom was that the US would be in the vanguard of nations imposing restrictions, but that developing nations and so-called “third-world” countries would not be able, nor want, to impose such restrictions, because of their desires to use cheap, polluting energy sources. It was also argued that many US employers would outsource to other nations to reduce their operating and labor costs, and to obtain the benefit of a “race to the bottom.” Whether this were correct, there are increased reports of companies from other countries opening up businesses in the United States, because US wage scales and labor costs are regarded as being cheaper. A good example was a recent controversy involving efforts of a union to organization IKEA workers in the Richmond, Virginia area. The labor union involved in the organizational efforts said that IKEA representatives were not following their stricter, more union-friendly, codes in Sweden, which the union argued might have made union organizational efforts easier. It was pointed out that environmental, social and working rules and the standards of the average employee in Sweden were higher than those in the United States, and the wage scale was significantly larger, so that opening a plant in the United States was relatively cheaper by comparison. 

The international “foot print” of climate controls in the workplace will continue to be worth following even if the US does not enact, or impose, legal requirements in this area in the near future. Environmental practitioners involved with environmental permitting and land use issues may increasingly see related impacts of global climate control laws and issues in their practices. 

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.