Hazardous Substances

News & Analysis as of

EPA Launches New Web Page on Secondary and Service Containers for Pesticides

On November 6, 2015, the U.S. Environmental Protection Agency (EPA) announced that it has a new webpage that compiles information about secondary containers and service containers for pesticides. Secondary and service...more

EPA Requests Comments on Revocation of Chlorpyrifos Tolerances

On October 30, 2015, the U.S. Environmental Protection Agency (EPA) announced that it is requesting comments on a proposal to revoke all tolerances for the insecticide chlorpyrifos in response to a U.S. Court of Appeals for...more

New York State Department of Environmental Conservation Revises Regulations Governing Bulk Storage Tanks

The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until...

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing...more

New Jersey Panel: If a Flood Is Excluded, So Are the Unhealthy Water-Borne Substances that It Leaves Behind

Last week, a unanimous panel of New Jersey’s intermediate level appellate court rejected policyholder arguments that even though flood was excluded, the proximate cause of their Superstorm Sandy loss was the non-excluded...more

Changes in Environmental Due Diligence in Commercial Real Estate Prevent Toxic Investments

Financial due diligence in a commercial real estate purchase is a necessity, but equally important to purchasers and lenders is environmental due diligence. Many properties may have environmental issues from prior use, and...more

EPA’s New Refinery Rule—Next Generation Compliance in Action

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from...more

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

If not “determinative,” then at least compelling: Other, specific exclusionary language available on market undermines...

Recently, in a non-precedential order, an Illinois appellate court correctly held that a “Pollution and Health Hazard Exclusion” in a commercial general liability policy did not preclude coverage for mold-related bodily...more

California Department of Toxic Substances Control Gains New Hazardous Waste Regulatory Powers

Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances. On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

EPA Announces Revisions to Its Worker Protection Standard

On September 28, 2015, the U.S. Environmental Protection Agency (EPA) announced revisions to its worker protection standard. EPA states that these revisions are intended to “enhance the protections provided to agricultural...more

Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance...

Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

Cancel My Reservation! Pennsylvania Sows Confusion Over Consent-to-Settle Clauses

This summer, the Supreme Court of Pennsylvania addressed an important question that has divided other courts: if an insurer defends a claim subject to a reservation of rights, may the insured settle the claim without the...more

Long-awaited overhaul of FDA food safety rules arrives – Part I: Introducing HARPC, changes to cGMP

Since the passage of the Food Safety Modernization Act in 2011, the FDA has promulgated proposed rules that overhaul the old Good Manufacturing Practice (cGMP) rule and create new Hazard Analysis and Risk-Based Preventative...more

Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the...more

California Environmental Law & Policy Update - September 2015 #2

Environmental and Policy Focus - Gov. Brown and Democratic legislators drop plan for 50 percent cut in petroleum use in state: New York Times - Sep 9 - Gov. Jerry Brown and Senate Democrats abandoned a proposal for a 50...more

European Court rules on controversial REACH ‘substances in articles’ case, extending aspects of EU chemical law compliance to the...

In what is a salutary reminder that published European Chemicals Agency (“ECHA”) guidance cannot necessarily always be relied upon to provide an authoritative interpretation of the requirements of the EU’s REACH chemicals...more

EPA Proposes New Standards for Hazardous Waste Pharmaceuticals

The Environmental Protection Agency (EPA) released its proposed Management Standards for Hazardous Waste Pharmaceuticals Rule. If finalized, it will create an entirely new subpart in the Resource Conservation and Recovery Act...more

Emerging Trends in Tort Litigation Alleging Health Injuries Caused by Neighboring Oil and Gas Activities

Last year's $2.9 million verdict in Parr v. Aruba Petroleum, the so-called "first fracking trial," garnered attention in Texas and beyond. The significance laid not only in that the plaintiffs had succeeded on their private...more

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