In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more
The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more
The United States Environmental Protection Agency (“EPA”) and Tampa Steel Erecting Company (“Tampa Steel”) entered into an October 16th Consent Agreement and Final Order (“CAFO”) to address alleged violations of the Emergency...more
The United States Environmental Protection Agency (“EPA”) and Smith & Wesson Corp. (“Smith & Wesson”) entered into an April 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of: . . . Section...more
Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more
Mid-to-late June 2016, federal and state authorities brought a variety of enforcement actions against food and beverage companies under environmental, health, and safety statutes, suggesting increased governmental oversight...more
Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more
EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the last two...more
On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a...more