Sustainability considerations, i.e., ensuring animal welfare and tackling food waste, climate change, pollution, exploitation of natural resources and human rights violations, have taken a stake in the Commission’s rule book. Not only is the Commission increasingly integrating these considerations into its merger case practice[1], e.g., when assessing the market definition and the competitive landscape. The Commission has also dedicated legislative efforts.
Biden Administration Finalizes Greenhouse Gas Target Rule that is Likely to Draw Challenges
The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes within their jurisdiction to establish targets for reducing GHG emissions from on-road sources and to report on their efforts to meet those targets. The rule will take effect thirty days after the date of its publication in the Federal Register. State DOTs are required to establish targets and report those targets by February 1, 2024. Subsequent targets would be established and reported by no later than October 1, 2026.
U.S.-China Relations: A Warming Trend Sparks Opportunities for Chinese Business
In recent years, the U.S.-China bilateral relationship has hit historic lows, marked by notable events like the Chinese spy balloon incident in February and former Speaker of the House Nancy Pelosi’s visit to Taiwan in 2021. However, there is reason for optimism as we have witnessed a significant shift in dynamics over the past few months that may present opportunities for some Chinese businesses that have been negatively impacted by the geopolitical tensions.
Carbon Border Adjustment Mechanism (CBAM) Transitional Phase Now in Effect
The European Commission has adopted the implementing regulation establishing the rules for the CBAM during its transitional phase, spanning from October 1, 2023, to the end of December 2025. The implementing regulation delineates the reporting obligations imposed on EU importers of CBAM goods and the methodology for calculating embedded emissions in their production. This insight covers the regulation in full and looks at the concerns for the industry.
European Union Sustainability Outlook
With the European Commission driving forward “Fit for 55” – its plan for a green transition – we have selected relevant developments in EU sustainability law and policy from the past few months.
PFAS Restriction Proposal
To curb an unacceptable risk to human health or the environment, Germany, Denmark, the Netherlands, Sweden and Norway jointly proposed a restriction proposal to ban over 10,000 Per- and Polyfluoroalkyl Substances (PFAS) commonly designated as “forever chemicals” under Article 68 of the REACH regulation.
U.S. Executive Branch Update – October 5, 2023
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule*
12:00 p.m. EDT – THE PRESIDENT receives a briefing on Ukraine from members of his national security team | Oval Office
Key Areas of Focus in U.S.-China Relations and Their Impact on Businesses in the 118th Congress
So far in the 118th Congress, U.S.-China relations have been a major focus for Democrats and Republicans alike. House Republicans, the opposition party, tried to challenge the Biden Administration’s approach to China, which involves competing with China, cooperating when possible, and confronting them when necessary.[1]
U.S. Executive Branch Update – October 2, 2023
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule*
11:15 a.m. EDT – THE PRESIDENT receives the Presidential Daily Briefing; The Vice President attends | Oval Office
2:00 p.m. EDT – THE PRESIDENT delivers remarks to celebrate the Americans with Disabilities Act; The Vice President and The Second Gentleman attend | South Lawn
Trade Preference Program Revival: Congress Considers GSP, But Provides No Clear Path Forward
On Wednesday, September 20, the House Ways and Means Subcommittee on Trade held a long-anticipated hearing titled “Reforming the Generalized System of Preferences (GSP) to Safeguard U.S. Supply Chains and Combat China.” In their separate opening statements, both Subcommittee Chairman Adrian Smith (R-NE) and Subcommittee Ranking Member Earl Blumenauer (D-OR) highlighted the evolving landscape of international trade policy since the inception of the Generalized System of Preferences (GSP) in 1974 and stressed the ongoing strategic and economic concerns related to China. Chairman Smith underscored the importance of preserving U.S. production through the exclusion of import-sensitive products within GSP but expressed interest in evaluating the effectiveness of the exclusion process. He criticized the Biden administration for not reducing tariffs to enhance access for U.S. agricultural producers and expressed interest in exploring new criteria for digital trade. Ranking Member Blumenauer (D-OR) specifically called for updates to labor, environmental, and human rights criteria within GSP, as well as addressing rules of origin. Blumenauer also emphasized the need to reauthorize the Trade Adjustment Assistance (TAA) program.
U.S. Executive Branch Update – September 27, 2023
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule*
12:00 p.m. EDT – THE PRESIDENT receives the Presidential Daily Briefing | Fairmont Hotel, San Francisco, California
2:30 p.m. EDT – THE PRESIDENT holds a meeting with the President’s Council of Advisors on Science and Technology , which develops recommendations on science, technology, and innovation policy | San Francisco, California
U.S. Executive Branch Update – September 26, 2023
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule*
*The U.S. President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change, as is the White House press briefing schedule.
9:00 a.m. EDT – THE PRESIDENT receives the Presidential Daily Briefing | The White House
9:55 a.m. EDT – THE PRESIDENT departs the White House en route to Joint Base Andrews
U.S. Executive Branch Update – September 25, 2023
This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule*
*The U.S. President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change, as is the White House press briefing schedule.
9:00 a.m. EDT – THE PRESIDENT receives the Presidential Daily Briefing | The White House
10:30 a.m. EDT – THE PRESIDENT hosts a meeting with Pacific Islands Forum leaders for the U.S.-Pacific Islands Forum Summit | East Room
The India-Middle East-Europe Economic Corridor (IMEC): What We Know and What Comes Next
In September 2023, select leaders participating in the G20 Summit announced plans to develop the India-Middle East-Europe Economic Corridor (IMEC). The project aims to develop two integrated corridors – one connecting India to the Arabian Gulf, and one connecting the Arabian Gulf to Europe – with new ship-to-rail transit networks, undersea telecommunication cables, and a hydrogen energy pipeline.
While lacking binding agreement at this time, IMEC participating governments – the United States, India, Saudi Arabia, the United Arab Emirates (UAE), the European Union, France, Germany, and Italy – are already touting its potential.
Lack of Consensus, Lapse in Appropriations: Anatomy of a Federal Government Shutdown
The US Constitution provides that “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law” (Article I, Section 9, Clause 7). Congress maintains the power of the purse, and federal government agencies and programs reliant on discretionary budget authority experience funding gaps if appropriations expire prior to the enactment of new appropriations measures. With limited exceptions, the Antideficiency Act, court and Department of Justice opinions, and associated guidance generally prohibit continued agency and program operations when funding gaps occur. Should a funding gap last for a day or longer, federal government agencies and programs impacted by the lack of discretionary funds may shut down.
