Thomas R. Brill, a member of GT’s Energy & Natural Resources Practice, was quoted in a Law360 article titled “California Legislation And Regulation To Watch In 2023.”
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China’s New Regulation on New Chemicals Aims to Make Life Easier
On April 29, 2020, the Ministry of Ecology and Environment of China (MEE) promulgated the Measures on Environmental Management Registration of New Chemical Substances (MEE Order 12) (link in Chinese), which will come into effect Jan. 1, 2021, and replace the Measures for the Environmental Management of New Chemical Substances (promulgated by the Ministry of Environment Protection of China, MEP Order 7). MEE Order 12 focuses on mass-use of new chemicals, and highly hazardous chemicals, chemicals with persistence and bioaccumulation (PB), chemicals with persistence and toxicity (PT), and chemicals with bioaccumulation and toxicity (BT).
Background: MEE the ‘China REACH
MEE is sometimes also called the ‘China REACH’ for short. ‘China REACH’ references the EU Regulation No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals. Both the Chinese and EU legislation aim to improve human health and the environment through the identification of chemical substances. Both pieces of legislation make distinctions in their application depending on annual tonnage and may restrict the usage of highly hazardous chemicals. The main difference between MEE and the EU REACH is that EU REACH focuses on the chemical registration requirement whereas MEE focuses on new substance notification.
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Massachusetts Regulates Fertilizer Use to Reduce Nutrient Water Pollution
Following a developing trend around the country, the Massachusetts Department of Agriculture (DAR) recently promulgated regulations restricting how fertilizers containing phosphorous, nitrogen or potassium may be applied. The goal of these regulations is to reduce nutrient loading to waterbodies, which can lead to eutrophication and other negative water quality impacts.
The regulations, promulgated at 330 CMR 31.00, were authorized by Chapter 262 of the Acts of 2012 (An Act Relative to the Regulation of Plant Nutrients). While restricting both, the regulations distinguish between agricultural and non-agricultural uses of fertilizers. For non-agriculture fertilizer uses, fertilizers containing more than 0.67% phosphate by weight (excluding compost and organic fertilizers) are restricted in various ways, including:
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U.S. Court of Appeals Affirms EPA’s Greenhouse Gas Regulations: Is a NAAQS in the Offing?
Michael Cooke has prepared a more in-depth analysis of Coalition for Responsible Regulation, Inc. v. EPA, the D.C. Circuit’s June 26 opinion upholding EPA’s greenhouse gas emission regulations.
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Greenhouse Gas Regulations Upheld
The Court of Appeals for the District of Columbia Circuit issued an opinion this morning upholding EPA’s greenhouse gas regulations. Coalition for Responsible Regulation, Inc. v. United States Environmental Protection Agency, No. 09-1322 (D.C. Cir. June 26, 2012).
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EPA Moves Forward With Greenhouse Gas Regulation
EPA moves closer toward GHG regulation with agreement to issue New Source Performance Standards to control GHG emissions from fossil-fuel based power plants and petroleum refineries.
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