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
Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The...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
Key Takeaways -
On January 17, the European Parliament approved the Empowering Consumers for the Green Transition Directive (the “Directive”), aimed to improve environmental marketing practices and ban the use of...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
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
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
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
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
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
The long-debated Uyghur Forced Labor Prevention Act (UFLPA) has now passed both chambers of Congress with strong bipartisan support, and President Biden is expected to sign the UFLPA into law on or before December 30, 2021....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
As consumers, investors, and other stakeholders are focused more than ever on the impacts of their purchasing and investment decisions, companies are seeking to convey information on the environmental attributes of their...more
On July 1, 2021, the California Department of Toxic Substances Control (DTSC) adopted a new “Priority Product” under the state’s Safer Consumer Products (SCP) Program: carpets and rugs containing perfluoroalkyl or...more
On June 17, the U.S. Supreme Court held that U.S. corporations are not liable for alleged abuses against non-U.S. citizens in foreign countries merely because general operational decisions made in the United States...more
On May 20, 2021, President Biden issued his Executive Order on Climate-Related Financial Risk, stating that it is the policy of the Administration to “advance consistent, clear, intelligible, comparable, and accurate...more
On July 20, 2020, Senator Josh Hawely (R-MO) introduced the Slave-Free Business Certification Act of 2020 (Act), which would require certain large companies to investigate and report on forced labor within their supply...more
In an Executive Order issued on May 1, 2020, President Trump declared that the unrestricted supply of electrical equipment from foreign countries represents an “unusual and extraordinary threat to the national security,...more
The California State Water Resources Control Board and the California Air Resources Board have provided direction for complying with regulatory requirements during the COVID-19 response....more
Companies now have more guidance on how to communicate Proposition 65 warnings for products sold through distributors. The California Office of Environmental Health Hazard Assessment (OEHHA) finalized the amendments proposed...more
The chemical 1,4-dioxane has become a hot topic for EPA and state regulators. New York recently adopted a law banning more than trace amounts of the chemical in cosmetics, personal care products, and cleaning products....more
The California Department of Toxic Substances Control (DTSC) is moving forward with a process that may ultimately impose restrictions on the use of certain classes of chemicals in food packaging products under the Safer...more