Category: Legislation

Maine state flags and the American flag waving in the wind on a clear day
Legislation / Maine
Posted by:

Support is Split as Maine’s Governor Gives State’s Foundational Packaging EPR Law a Modern Makeover

Extended Producer Responsibility Legislation, also known as EPR laws, is a policy-based approach that holds producers accountable for the entire lifecycle of their products, particularly for take-back, recycling, and final disposal. Although various other countries have implemented EPR legislation as early as the 1990s, its adoption in the U.S. has been considerably slow, fragmented, and entirely state driven.

In July 2021, Maine pathed the way for packaging EPR legislation in the U.S. when it passed the bill known as LD 1541, which established a …

Continue Reading
Recyclable plastic materials stacked at waste sorting plant and sky
Legislation / New York
Posted by:

NY Packaging Legislation Gets Wrapped up in Red Tape Again

Last month, the New York State Assembly demurred from taking up a vote for the second time on the Packaging Reduction and Recycling Infrastructure Act (“PRRIA”). The PRRIA was designed to cause a restructuring of the life cycle of packaging within the state by fundamentally shifting the burden of handling packaging waste from municipalities and consumers to the corporations manufacturing them in the first place.

As a threshold matter, the PRRIA was intended to reduce plastic packaging by 30 percent within the next 12 years, …

Continue Reading
Flatten paper carton boxes
Legislation / New York
Posted by:

New York State Legislature Fails Again to Pass Extended Producer Responsibility Legislation

Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer responsibility (EPR) legislation intended to hold producers accountable for managing their packaging at the end of life. 

The Packaging Reduction and Recycling Infrastructure Act (PRRIA), aka A1749, was proposed to create an EPR program for packaging.

PRRIA would:

  • Reduce plastic packaging by 30 percent incrementally over 12 years.
  • Require that by 2052 all packaging
… Continue Reading
Emerging Issues / Legislation / Litigation / North Dakota
Posted by:

Is Environmental Activism Litigation in Trouble?

In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement in the 2016-2017 protests against the pipeline’s construction near the Standing Rock Indian Reservation. Energy Transfer accused Greenpeace of defamation, trespassing, nuisance, and civil conspiracy, alleging that the organization orchestrated violent protests and disseminated false information about the pipeline, leading to significant financial losses.

The DAPL project…

Continue Reading
Server room with big data
Crypto / Legislation
Posted by:

Cryptomining Faces More Legislative Hurdles in US

As cryptocurrency has increased its notoriety in the US, so has its demands on the US electrical grid. Indeed, the US is witnessing a constantly proliferating number of cryptomining facilities, which are large spaces – often former factories or defunct power plants – filled with computers using large amounts of electricity to “mine” crypto by solving mathematical equations as fast as possible. This drain on energy has been met with unease in some parts of the US, however, such as New York, which …

Continue Reading
A River Runs Through Glacier National Park in Montana
Climate Change / Legislation
Posted by:

Green Amendments and the Rise of Environmental Constitutional Rights

There has been a recent push across the country placing “green amendments” at the forefront of the fight to combat climate change and promote environmental justice. Analogous to the rights enumerated in the Bill of Rights, such as freedom of speech or freedom of religion, a green amendment is an amendment to a state Constitution’s Bill of Rights that guarantees its citizens the inalienable right to clean air, clean water, and a healthy environment. These amendments serve to create a constitutional mandate that every citizen has a …

Continue Reading
Pollution Factory Smoke in Air with Sky Bad for the Environment
California / Legislation
Posted by:

California Enacts First of Its Kind Legislation Requiring Climate Emissions Information

Earlier this month, California Gov. Gavin Newsom enacted into law two bills, both of which will — for the first time in any U.S. state — require large companies doing business within the state to release a wide array of climate emissions information. Specifically, on October 7, Newsom signed into law Senate Bills (SB) 253 and SB 261, which affect both private and public businesses and their accountability towards what carbon footprint they are making in the state and their climate-related financial risks.

These new …

Continue Reading
"justice concept, selective focus on nearest part ,lens blur f/x"
Legislation / PFAS
Posted by:

This Month in PFAS: June 2023

The month of June saw major developments related to per- and polyfluoroalkyl substances (PFAS) litigation and legislation at the state and federal level — particularly in massive settlements, proposed legislation, and the delay of the nation’s first state-level PFAS reporting requirements.

The month began with chemical companies DuPont, Chemours, and Corteva striking a deal worth more than $1.1 billion with water companies around the United States to settle drinking-water claims related to PFAS. The settlement was followed by an additional $10.3 billion settlement by 3M …

Continue Reading
Front Refrigerator
Climate Change / Legislation
Posted by:

DC Circuit Pours Cold Water on Global Warming Legislation

Refrigeration technology has come a long way since ancient Chinese cultures harvested ice from frozen lakes and desperately tried to keep them insulated in ice cellars more than a thousand years ago. The technology advanced through the subsequent centuries, culminating in an exponential explosion of growth over the last hundred years or so, with the advent of artificial refrigerants in the 19-teens and 20s. Still, these early-model units relied on toxic, foul-smelling gases such as ammonia and sulfur dioxide as condensing agents, resulting in fatalities …

Continue Reading
Aerial view to industrial zone and technology park.
Legislation / New York
Posted by:

New York State Passes Landmark Environmental Justice Legislation

On the final day of 2022, New York Gov. Kathy Hochul signed into law the Cumulative Impacts Bill (CIB), which both houses of New York State’s legislature had passed eight months earlier in the year (language here: S.8830 and A.2103D). The legislation amends New York’s Environmental Quality Review Act by now requiring the State to consider during its permitting approval and renewal processes an analysis of the “cumulative impacts” on overburdened communities that could result over time from the introduction or expansion of facilities …

Continue Reading