News & Analysis as of

Environmental Protection Agency (EPA) Public Safety

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Downey Brand LLP

EPA Adds Extensive New Amendments to its Risk Management Program in Final Rule

Downey Brand LLP on

On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

Troutman Pepper on

On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

Jenner & Block on

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Nutter McClennen & Fish LLP

EPA Proposes New Rules on “Forever Chemicals” in Wastewater

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced that it will seek to promulgate new rules for six per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” in public water...more

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

Aviation Gas/Clean Air Act: Friends of the Earth Petitions U.S. Environmental Protection Agency for Endangerment Finding

Earthjustice submitted an August 24th Petition to the United States Environmental Protection Agency (“EPA”) asking that it make an endangerment finding under Section 231 of the Clean Air Act in regards to aviation gasoline...more

Foley Hoag LLP - Environmental Law

EPA’s Ozone NAAQS Decision — Perhaps the Statute Itself Deserves Some of the Blame

On December 23, 2020, EPA formalized its decision to leave the ozone NAAQS unchanged, at 70 ppb. I don’t think that this decision is in the same category of egregiousness as EPA’s recent decision not to reduce the PM2.5...more

Foley Hoag LLP - Environmental Law

EPA Finalizes Decision to Retain the Existing PM2.5 NAAQS — Single Worst Environmental Decision of the Trump Administration?

Yesterday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In fact, as noted in one of...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Troutman Pepper

Considerations for Re-Opening Gyms and Fitness Studios

Troutman Pepper on

States are re-opening in various phases, and some exercise facilities have opened their doors once again. For most states, gyms and fitness studios shuttered for months are now considering how to operate and attempt to recoup...more

Jackson Lewis P.C.

OSHA Issues Guidance On Prevention Of COVID-19 Cases At Construction Sites

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has issued guidance for construction industry employers to prevent spread of COVID-19. In addition to measures the agency suggests for all employers, the guidance...more

(ACOEL) | American College of Environmental...

MACT Follies

Data is in from EPA’s “work practice” requirement that petroleum refineries monitor ambient air for benzene concentrations around their fence lines. The regulations set an “action level” of 9 µg/m3 benzene, using benzene as a...more

Seyfarth Shaw LLP

ANOTHER Chemical Release Reporting Obligation????

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more

(ACOEL) | American College of Environmental...

When is risk reduction not a benefit?

EPA filed a status report on October 15 in the slow-moving mercury and air toxics (MATS) litigation, which is now Murray Energy Corp. v. EPA, No. 16-1127 (D.C. Cir., filed April 26, 2016). The case is a challenge to EPA...more

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

Unapproved Use of Slag at a Superfund Site: U.S. EPA Office of Inspector General Management Alert

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued what it describes as a “Management Alert” titled: Unapproved Use of Slag at Anaconda Co. Smelter Superfund Site (“Alert”)...more

(ACOEL) | American College of Environmental...

Someone Left the Cake Out in the Rain: The Dissolution of Cooperative Federalism in the Trump Era

The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality.  U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more

Stinson LLP

Draft Risk Evaluations Released for HBCD and 1,4-Dioxane

Stinson LLP on

Recently, the U.S. Environmental Protection Agency (EPA) released draft risk evaluations for cyclic aliphatic bromide cluster (HBCD) and 1,4-Dioxane, triggering a 60-day public comment period. ...more

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

Formaldehyde Standards: Federal Court Addresses U.S. Environmental Protection Agency's Implementation Delay

The United States District Court (for the Northern District of California) issued a February 16th decision addressing a Motion for Summary Judgment filed by the Sierra Club and A Community Voice-Louisiana (“Plaintiffs”)...more

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

Polyfluoroalkyl Substances: U.S. Environmental Protection Agency Announces Cross-Agency Effort to Address PFAS

The United States Environmental Protection Agency (“EPA”) issued a December 4th news release stating that it is initiating a “cross-agency effort” to address per and polyfluoroalkyl Substances (“PFAS”). The announcement...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works (“POTW”). ...more

Akin Gump Strauss Hauer & Feld LLP

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

Akin Gump Strauss Hauer & Feld LLP

EPA Delivers on Promise to Delay Risk Management Plant Requirements for Chemical Plants and Refineries

On June 12, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced another extension to the effective date of the Obama-era rule amending federal Risk Management Program (RMP) requirements for...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

Akin Gump Strauss Hauer & Feld LLP

EPA IG's Concerns About Oversight of Hospital Disinfectants Reinforces Need for Robust Infection Control Programs

On September 19, 2016, the Inspector General (IG) for the Environmental Protection Agency (EPA) issued the latest in a long line of reports identifying flaws in EPA’s process for ensuring the efficacy of hospital-grade,...more

Morgan Lewis

EPA Issues Final Rule Implementing Formaldehyde Emission Standards

Morgan Lewis on

Final rule seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products. Six years after the passage of the Formaldehyde Emission Standards for...more

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