Representative Engagements - International
We provide assistance in three broad areas of international trade law: international
trade litigation, customs and import restrictions, and export controls and economic
sanctions. Sustainability and climate change affects each area. A central part of
climate change regulation is the creation of tradable carbon emission allowances
and carbon offset credits and the need for new technologies that result in lower
GHG emissions. These GHG emission credits can be traded not only between companies
within a country, but companies in different countries. Imported goods from countries
with less stringent climate change regulatory programs are likely to require “international
carbon emission allowances.” Thus, an arrangement to fund GHG emission reductions
for credits could be part of a broader strategic alliance or partnership.
Similarly, efforts will continue to reduce tariffs on “green” or “sustainable” technologies
to promote the use of more sustainable and climate friendly technologies worldwide.
Some companies have concluded that to achieve their environmental goals and satisfy
stakeholders’ expectations, the company needs to look beyond its own facilities
and to involve its suppliers in environmental initiatives. Pepper represented the
following:
- advised a non-U.S. manufacturer concerning its options pursuant to the North American
Free Trade Agreement and its Environmental Side Agreement to ensure that the U.S.
manufacturer in the same industry did not have a competitive advantage due to lack
of U.S. enforcement
- advised clients on developing trends in domestic and international environmental
law, including the impact of environmental laws on the market for their products
- advised U.S. and Canadian paper companies concerning the impact of U.S. environmental
laws on the marketability of its product
- follows the Registration, Evaluation, Authorization and Restriction of Chemicals
scheme (REACH) and related regulatory developments
- advised a client concerning the European Community’s (EC) proposal to classify a
chemical as a reproductive toxicant pursuant to the Classification and Labeling
Directive (67/548/EEC, as amended) and the Regulation on Classification, Packaging
and Labeling of Dangerous Chemicals. Among other things, the Classification and
Labeling Regulation harmonizes the EC requirements with the global harmonization
scheme (GHS) and integrates this process into REACH. This advice summarized the
potential consequences of the new classification, the technical risk assessment
defenses to the classification, and the potential mitigating actions available to
the client.
- made focused presentations on REACH and its similarities and differences with the
U.S. Toxic Substance Control Act to clients
- advised trade associations and companies concerning the interactions and implication
of European and other international product, safety or environmental requirements
- advised national trade associations and individual companies on the U.S. legal and
regulatory impacts of an EC “risk assessment” of the members’ products. This retention
included developing comments on the draft risk assessment, and developing a strategy
for the RMA to implement, in conjunction with its European counterpart.
- provided advice concerning the REACH implications of designation of a chemical as
a substance known to the State of California to be a carcinogen pursuant to the
California Safe Drinking Water Enforcement Act (Proposition 65)
- represented a professional association before the State Department in an effort
to prepare the U.S. treaty negotiators attending United Nation Environmental Program
meetings concerning efforts to limit the use of mercury in certain products
- advised the government of Kazakhstan on drafting its energy and environmental laws
pursuant to a World Bank grant.
