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Mitigating Greenwashing Risks: FTC Solicits Input on Current Green Guides

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

Podcast – Introducing the Greenwashing Mitigation Team [Video]

In this episode of our Public Policy & Regulation Group's "Eyes on Washington" podcast series, attorneys Meaghan Colligan and Andy Kriha and Public Affairs Advisor Hannah Coulter introduce Holland & Knight's Greenwashing...more

IRS Issues Updated Energy Community Bonus Guidance

The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice...more

EPA Releases Draft of National Strategy to Prevent Plastic Pollution

The U.S. Environmental Protection Agency (EPA) Office of Resource Conservation and Recovery (ORCR) released the draft National Strategy to Prevent Plastic Pollution (EPA 530-R-23-006) (Draft Strategy) on April 21, 2023. The...more

EPA Recognizes ASTM E1527-21 as Satisfying All Appropriate Inquiries Rule

It has taken a year to obtain greater certainty of what is required to satisfy the U.S. Environmental Protection Agency's (EPA) all appropriate inquiries (AAI) rule (40 CFR part 312). Earlier this year, EPA issued a direct...more

FTC Seeks Input on Potential Updates to Its Green Guides

At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more

EPA Clarifies Superfund Liability Protections for State and Local Governments

The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more

EPA Announces Termination of COVID-19 Enforcement Discretion Policy

The U.S. Environmental Protection Agency (EPA) on June 29, 2020, issued a memorandum titled COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program: Addendum on Termination (Termination Addendum), which...more

To Sample or Not: EPA Issues Interim Guidance on Site Field Work During the COVID-19 Pandemic

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) issued Interim Guidance on Site Field Work Decisions...more

Environmental Professional Work in the D.C. Metro Area During the COVID-19 Pandemic

Jurisdictions across the United States are responding to the coronavirus (COVID-19) pandemic at the federal, state and local levels by issuing emergency stay-at-home and shelter-in-place orders (Orders) that generally...more

EPA's Enforcement Guidance for Noncompliance During the COVID-19 Pandemic

The U.S. Environmental Protection Agency (EPA) on March 26, 2020, issued a memo called the COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program. EPA's temporary policy is that it will exercise...more

EPA Releases Updated CERCLA Common Elements Guide - Enforcement Discretion Guidance Provides Important Direction on Landowner...

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more

LIFT America Act Includes Proposed PFAS and Brownfields Remediation Grants

The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more

More Requirements and More Uncertainty - New York PFAS Update

By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more

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