Joshua Bloom

Joshua Bloom

Barg Coffin Lewis & Trapp, LLP

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Far-Reaching Information Request on Nanoscale Chemical Substances Proposed by EPA

For the first time, and after multi-year negotiations with, and review by, the Office of Management and Budget, the U.S. Environmental Protection Agency is proposing to use its authority under the federal Toxic Substances...more

5/8/2015 - Chemicals EPA Nanomaterials Nanoscale Toxic Substances Control Act

Landowners, Developers Win Big In Wetlands Case

Building on a 2012 U.S. Supreme Court decision, the Eighth Circuit ruled on April 10th that Clean Water Act jurisdictional determinations made by the U.S. Army Corps of Engineers can be challenged in a “pre-enforcement”...more

4/17/2015 - Clean Water Act Enforcement Actions EPA Final Action Hawkes v Army Corps Judicial Review Jurisdiction Private Property Rights Property Owners Real Estate Development SCOTUS US Army Corps of Engineers

New Prop. 65 Regulations Being Considered in California

For nearly three decades, California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Proposition 65," has, under specified conditions, required businesses that sell or distribute products in...more

4/3/2015 - Chemicals Jerry Brown OEHHA Proposed Regulation Proposition 65 Warning Labels

California Appellate Court Agrees with Defendants on Prop. 65 Exposure Averaging

In one of the most significant appellate decisions interpreting California’s Prop. 65, the California Court of Appeal on March 17 ruled that, for purposes of establishing the Prop. 65 “safe harbor” defense, exposure to a...more

3/20/2015 - Appeals Proposition 65 Safe Harbors Toxic Exposure

Prairie Dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more

1/14/2015 - Commerce Clause Endangered Species Act ESA Listings Fish and Wildlife Service Habitat Conservation Plan Interstate Commerce Jurisdiction Private Property Rights Takings

Utah Prairie Dog Could Narrow Endangered Species Act

A Utah federal court has created the potential for a constitutional showdown that could result in a significant narrowing of the Endangered Species Act and further limiting Congress’ power to legislate. In an unprecedented...more

12/19/2014 - Commerce Clause Endangered Species Act ESA Listings Habitat Conservation Plan Interstate Commerce Jurisdiction Private Property Rights Takings

Utah Federal Judge: ESA Rule Is Unconstitutional

In a ruling that, if upheld and followed, would significantly limit the reach of federal environmental regulation, a Utah federal judge determined that regulation of a purely intrastate species listed as threatened under the...more

11/12/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Work Plan Signals Expanded Calif. Green Chemistry Program

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work...more

10/20/2014 - Chemicals Department of Toxic Substances Control Green Chemistry Safety Precautions Work Plans

Draft DTSC Work Plan Signals Expansion of California Green Chemistry Initiative

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work...more

9/19/2014 - Department of Toxic Substances Control Environmental Policies Green Chemistry

Endangered Species Act's New Mission: Not Just Survival

On May 12, 2014, federal regulators announced proposals to issue new rules concerning critical habitat under the Endangered Species Act, with the intent of clarifying three key areas of uncertainty. As proposed, the U.S. Fish...more

5/21/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service National Marine Fisheries Service

Wildlife Agencies Propose New Endangered Species Regulations and Policy on Critical Habitat

On May 12, 2014, Federal wildlife agencies proposed two new rules concerning critical habitat under the Endangered Species Act and a draft policy regarding exclusions from critical habitat designations. The proposals, issued...more

5/16/2014 - Critical Habitat Endangered Species Act Fish and Wildlife Service National Marine Fisheries Service

DTSC Announces Initial Priority Products Under Green Chemistry Regulations

The next phase of California’s Safer Consumer Products regulations (SCPR), also known as the Green Chemistry regulations, began on March 13, 2014, with the Department of Toxic Substances Control’s announcement of the three...more

3/27/2014 - Chemicals Department of Toxic Substances Control DTSC Green Chemistry

The Safer Consumer Products Regulation

Depending on one’s perspective, California’s Green Chemistry Initiative, with its vast array of burdensome requirements, trade secret concerns and potential to ban certain products, will either cause business to flee from...more

1/22/2014 - Chemicals Green Chemistry Manufacturers Public Safety

Agencies Send OMB Draft Regulations Defining Clean Water Act Jurisdiction

After years of starts and stops, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers have drafted a proposed regulation that will significantly affect which waters are subject to regulation under the...more

11/13/2013 - Clean Water Act EPA Jurisdiction OMB US Army Corps of Engineers

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