Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3...more
Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received...more
Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more
On March 6, the U.S. Securities and Exchange Commission (SEC) voted (3-2) to adopt final rules entitled, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the “Final Climate Rules”). The Final...more
In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new...more
The California Legislature recently passed two new laws that impose significant climate-related disclosure obligations on many businesses. The passage of SB 261 and SB 253 are the latest steps in a growing trend to mandate...more
Update: On September 25, 2023, the Washington Department of Ecology extended the fleet reporting requirement discussed in the alert below by a month, to October 31, 2023....more
Fleet Reporting Requirement The Washington State Department of Ecology (Ecology) is requiring owners and operators of medium- and heavy-duty vehicle fleets to report information about their fleets to Ecology by September 30,...more
Key Takeaways -
What’s happening? On May 23, 2023, the Federal Trade Commission (FTC) hosted a public workshop – “Talking Trash at the FTC: Recyclable Claims and the Green Guides” – to discuss “recyclable” advertising...more
Armed with one of the country’s strongest state chemicals laws, the state of Washington is solidifying its status as a global player in product regulation. We discuss the latest developments below....more
On April 18, 2023, the Washington state legislature passed SB 5144: Providing for responsible environmental management of batteries (the Bill). It is now on the Governor’s desk for signature. The Bill creates an extended...more
The European Parliament voted in favor of implementing the Carbon Border Adjustment Mechanism (CBAM) after reaching a provisional agreement on the CBAM in December 2022. Several countries and the European Union (EU) have long...more
Green Marketing Updates in the European Union (EU) -
Background -
On March 22, 2023, the European Commission (Commission) published a Proposal for a Directive on Green Claims (Proposal). The Proposal is part of the EU's...more
What's Happening?
The California Department of Resources Recycling and Recovery (CalRecycle) published proposed regulations to amend the Recycling and Disposal Reporting System (RDRS) to increase the specificity of waste...more
As 2022 comes to a close, mandatory Environmental, Social, Governance (ESG) reporting in the United States remains the subject of much debate and political scrutiny. The European Union (EU) and other jurisdictions are moving...more
Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a...more
Both the European Union (EU) and the U.S. have recently taken steps toward implementing some form of a carbon border adjustment mechanism (CBAM). Several countries and the EU have long considered enacting legislation that...more
The environmental, social, and governance (ESG) oversight train continues to gain momentum with recent efforts aimed at “greenwashing” in investment funds. Several actions reflect a confluence of global efforts to ensure that...more
On December 23, President Biden signed the long-debated Uyghur Forced Labor Prevention Act (UFLPA), after it passed through both chambers of Congress with strong bipartisan support. This legislation has the potential to...more
On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require...more
The Securities and Exchange Commission (SEC) is set to formally consider the possibility of enhanced climate disclosure requirements at its upcoming Open Meeting on March 21, 2022. This meeting will be the latest in a series...more
New York is poised to be the first state in the country to implement a fashion sustainability law. On January 7, 2022, Senator Alessandra Biaggi and Assembly Member Anna Kelles announced the Fashion Sustainability and Social...more
The Global Reporting Initiative (GRI) recently published its revised Universal Standards, which go into effect on January 1, 2023. The revision will require all companies reporting in accordance with GRI standards to report...more
The Securities and Exchange Commission (SEC) is poised to make good on its promise to ramp up enforcement efforts in relation to climate risk and environmental, social, and governance (ESG) disclosures. Last week, the SEC’s...more
Key Takeaways What Is Happening? An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and...more