Many countries are adopting laws, regulations, and other policies to promote a transition from a traditional “linear economy” to a “circular economy.” This represents an important change in how resources are managed, products are designed, and waste is handled. A linear economy is associated with the “take-make-dispose” model, whereas a circular economy aims to promote the reuse, repair, repurposing, and recycling of products. By keeping resources and products in use for longer, the circular economy seeks to reduce resource consumption and waste generation, and to create sustainable economic growth. Laws and regulations are being deployed to require circular business practices.
Our Work
With lawyers in Europe, the United States, and Asia, Sidley’s cross-jurisdictional team is dedicated to guiding companies through this evolving regulatory landscape.
We help businesses navigate new circular regulations, ensuring compliance with emerging laws and standards on all aspects of circularity, including requirements addressing product design, durability, recycled and recyclable content, and reuse, repurposing and recycling at the end of product life, as well as extended producer responsibility (EPR). By providing strategic legal advice, we help our clients to manage risks proactively, adapt to changing market expectations in their domestic and export markets, and position themselves as leaders in the transition to a more sustainable and resilient economy.
The EU is taking a leading role in developing and implementing new circularity rules, covering a wide range of products, such as batteries, plastics, packaging, vehicles, electronics and information and communications technology (ICT), textiles, construction, food, water, and nutrition. We stand ready to advise clients on these rules, including on the EU’s Packaging and Packaging Waste Regulation, Batteries Regulation, Eco-design for Sustainable Products Regulation (ESPR), Single-Use Plastics Directive, proposed End-of-Life Vehicles Regulation, the proposed revision of the Waste Framework Directive, and the forthcoming revision of REACH
We have advised clients on:
- Requirements regarding packaging, including rules on packaging materials and design, recycled content, recyclability, and reuse.
- Requirements relating to product design and performance, including the availability of exemptions for certain products.
- Obligations regarding EPR schemes for different products.
- Comparative examination of single-use plastics regulations across European and Asian jurisdictions.
Our team has also established itself as a thought leader in the field of new circularity rules and voluntary initiatives, particularly through our active contributions to expert initiatives, such as by the World Economic Forum (WEF) on the circular economy for batteries and plastics (see here, and here). One team member served on an expert advisory group for WEF in preparing a report on battery supply chain circularity and is currently serving on a WEF expert advisory group addressing reverse logistics in circular supply chains. Another team member participated in an international expert group convened by the Forum on Trade, Environment, and the SDGs (TESS) which developed guidance on best practices and approaches on the trade dimensions of circular economy policies and rules (here).
