News & Analysis as of

Confidential Information Environmental Protection Agency (EPA)

Epstein Becker & Green

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May...

As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more

Jackson Walker

Confidentiality of Water Quality Management Plans in Texas

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The Texas State Soil & Water Conservation Board (Soil Board) is responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution in the state of Texas, as...more

Perkins Coie

EPA Revises its FOIA Regulations

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The Environmental Protection Agency issued a final rule June 26, 2019, revising the agency’s Freedom of Information Act regulations. According to EPA, those regulations, last updated in 2002, required revision to comply with...more

Williams Mullen

EPA Proposes Rule for Confidential Business Information Claims under TSCA

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The 2016 amendments to the Toxic Substances Control Act (“TSCA”) made numerous changes to TSCA, including increasing public transparency of chemical information.  To accomplish this, the amendments required EPA to establish a...more

Bergeson & Campbell, P.C.

EPA Issues Final TSCA Fees Rule

On September 27, 2018, the U.S. Environmental Protection Agency (EPA) issued a final fees rule under the Toxic Substances Control Act (TSCA). The final rule largely tracks the proposed rule. ...more

Akin Gump Strauss Hauer & Feld LLP

Into the Light or Fade to Black? EPA Administrator Pruitt’s Proposed Secret Science Rule

On April 30, 2018, the Environmental Protection Agency (EPA) published in the Federal Register a controversial proposed rule seeking to restrict the types of scientific research and findings that the EPA can consider in...more

Farella Braun + Martel LLP

EPA's TSCA Chemical Substance Inventory Identifies Newly Designated “Active” Chemicals

The U.S. EPA has released the updated Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory), which identifies non-confidential chemical substances designated as “active” in U.S. commerce. The April 2018...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waste Imports/Exports: U.S. Environmental Protection Agency Notice/Request for Comment Addressing Freedom of Information Act

The United States Environmental Protection Agency (“EPA”) issued a February 27th Federal Register Notice and Request for Comment describing Freedom of Information Act (“FOIA”) requests that the agency states it periodically...more

Beveridge & Diamond PC

TSCA Reform Implementation and Expected 2018 Developments

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Some 20 months have passed since the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law, making wide and significant changes to the Toxic Substances Control Act (TSCA). During that time,...more

Clark Hill PLC

FOIA Rules over the CWA – Short and Simple

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In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the...more

Beveridge & Diamond PC

Unique Identifiers: A Little-Noticed TSCA Provision Could Have a Big Impact on CBI

Beveridge & Diamond PC on

Protection for confidential business information (CBI) could be at risk under one provision of the amended Toxic Substance Control Act (TSCA) now under consideration by EPA. TSCA’s little-noticed section 14(g)(4) requires...more

Bergeson & Campbell, P.C.

EPA Issues Final TSCA Framework Rules

The U.S. Environmental Protection Agency (EPA) released on June 22, 2017, the pre-publication Federal Register notices of the final framework actions under the Toxic Substances Control Act (TSCA), as revised by the Frank R....more

K&L Gates LLP

To Disclose or Not to Disclose? D.C. Circuit Resolves Clash Between FOIA’s Exemption 4 and Section 308 of the Clean Water Act

K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a significant decision addressing the interplay between a confidentiality provision in the Freedom of Information Act (“FOIA”), known as “Exemption 4,” and a...more

Bergeson & Campbell, P.C.

Preparing for the Inventory Reset: It Is Not That Easy

With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the February 2017 copy of the Toxic Substances Control Act (TSCA) Inventory...more

Pillsbury - Gravel2Gavel Construction & Real...

Exemption 4 of FOIA Not Revoked By Later Enacted CWA Section 308

On May 30, a panel of the U.S. Court of Appeals for the DC Circuit decided the case of Environmental Integrity Project, et al. v. EPA. Affirming the District Court, the Court of Appeals held that Exemption 4 of the Freedom of...more

Jones Day

EPA Proposes Rules to Implement TSCA Reform

Jones Day on

The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law on June 22, 2016. We previously summarized that bill's key changes to the Toxic Substances Control Act ("TSCA"). This Commentary highlights...more

Beveridge & Diamond PC

TSCA Reform Implementation Update

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Eight months have now passed since President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), Pub. Law 114-182, on June 22, 2016. This historic legislation overhauled the Toxic...more

McNees Wallace & Nurick LLC

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of...

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such...more

Manatt, Phelps & Phillips, LLP

TSCA Reset to Affect Nearly All Manufacturers, Importers and Processors

Companies that have manufactured or imported chemical products in the U.S. in the past ten years (alone or formulated in products and mixtures) should plan now to comply with new rules requiring them to identify and report...more

Bergeson & Campbell, P.C.

TSCA: EPA Proposes Requirements for TSCA Inventory Notification (Active-Inactive)

On January 13, 2017, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would require an electronic notification for chemical substances listed on the Toxic Substances Control Act (TSCA) Inventory...more

Beveridge & Diamond PC

New TSCA Requirements for Chemical Importers

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Companies planning to ship chemical-based products to the United States should have a basic understanding of the Toxic Substances Control Act (TSCA), the key U.S. chemicals law. That law was substantially amended in June...more

Bergeson & Campbell, P.C.

TSCA Reform: Proposed Changes to SNUR Procedures Would, Perhaps Inadvertently, Result in Disclosure of CBI to Third...

On July 28, 2016, the U.S. Environmental Protection Agency (EPA) proposed to update the Toxic Substances Control Act (TSCA) Significant New Use Rule (SNUR) procedures. 81 Fed. Reg. 49598. As discussed in our previous...more

Bergeson & Campbell, P.C.

TSCA: Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards

The U.S. Environmental Protection Agency (EPA) proposed on July 28, 2016, revisions to the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) with revisions to the...more

King & Spalding

2016 Chemical Data Reporting – New TSCA Requirements Apply for Confidential Business Information Claims

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On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal...more

BCLP

Landmark Overhaul of the Toxic Substances Control Act

BCLP on

EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more

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