News & Analysis as of

TSCA Reform: Do It Now, Or It May Never Be Done

Whatever window of opportunity exists to reform the Toxic Substances Control Act is closing. This is not only because the mid-term elections are fast approaching, or that there are too few legislative days left this session,...more

Wrap-up of Federal Chemical Regulatory Developments for April 2014

EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the...more

Ohio Imposes New Fugitive Emissions Rules on Horizontal Drillers

The Ohio Environmental Protection Agency (OEPA) has announced new requirements for horizontal drillers aimed at reducing air pollution from so-called “fugitive emissions,” which are generally caused by leaking valves or...more

DfE Under Fire: Do Fragrances Pass the Sniff Test?

Logos are powerful in driving consumer preferences. My three-year-old loves the Starbucks logo because he knows it means cookies for him and a chai latte for mommy. The Energy Star logo often plays an important role in...more

House Subcommittee Holds Hearing on Draft TSCA Reform Legislation

On March 12, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing focused on the discussion draft of the Chemicals in Commerce Act (CICA). On February 27, 2014, Representative John...more

House Subcommittee Holds Hearing on TSCA Sections 4 and 8

On February 4, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing entitled "Testing of Chemicals and Reporting and Retention of Information under TSCA Sections 4 and 8." This was...more

Do I Have to Think About Environmental Compliance?

Electric utilities, pulp and paper mills, and manufacturers of all types are subject to a wide range of environmental requirements. Other businesses—like retail facilities, warehouses, and property management companies—are...more

New Permit Requires Disclosure of Hydraulic Fracturing Fluids For Offshore Oil and Gas Operations in Southern California

On January 9, 2014, the U.S. Environmental Protection Agency (EPA), Region 9, announced that it will require oil and gas operators engaged in hydraulic fracturing off the southern California coast to disclose any chemicals...more

The Heat's Still On! - Offshore Operators Must Disclose Hydraulic Fracturing Fluid Chemicals

The Environmental Protection Agency (“EPA”) announced that starting on March 1, 2014, oil and gas operators performing offshore hydraulic fracturing operations must maintain an inventory of chemicals used to formulate frac...more

Under The Dome Special Edition: Maine Department Of Environmental Protection Proposes Listing Four New Priority Chemicals

Under the Dome: Inside the Maine State House is a regular update that provides a high-level overview of recent activity at the Maine State House. Maine Department of Environmental Protection Proposes Listing Four New...more

Virginia Environmental Regulatory Developments (October 2013)

The amendment revises the definition of volatile organic compound (VOC) to add trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of substances not considered to be VOCs. The amendment comports with the...more

Hoist on Its Own Petard: The Ninth Circuit Reverses EPA’s Approval of Nanosilver Pesticides in Textiles

Last week, the 9th Circuit Court of Appeals remanded EPA’s approval of two nanosilver pesticides for use in textiles. The case, NRDC v. EPA, is a fascinating application of the issue of “how safe is safe” and, in particular,...more

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more

Standing Matters, TMDL Version

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA’s approval of total maximum daily loads promulgated for certain waters in and around Cape Cod. Given the...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

PA DEP Revises Marcellus Gas Well Site Air Quality Permit Criteria

On Thursday, August 8, 2013, the Pennsylvania Department of Environmental Protection (DEP) released final air quality plan exemption criteria to be applied to unconventional natural gas wells (i.e., gas wells drilled into the...more

Chemical Plant Safety: Will There Be Renewed Demand for Federal Regulation?

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host...more

Tier II Reports Due by March 1

It is that time of year again. If your company has certain chemicals in quantities that trigger reporting requirements under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), your annual Tier II...more

How Are We Doing? The Mercury Story

The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more

EPA Proposes New Controls for Chemicals Used in Petroleum Refining: Will They Affect Your Operations?

Companies involved in petroleum refining operations or that import chemical substances used in such operations should be aware of a recent regulatory proposal issued by U.S. EPA under the Toxic Substances Control Act (TSCA)...more

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