Hazardous Substances

News & Analysis as of

Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies

On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety...more

DOT/PHMSA Proposes to Harmonize U.S. Lithium Battery Transport Requirements With International Standards

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a proposed rule that would harmonize U.S. hazardous materials regulations with international hazardous materials transport...more

September 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft...more

Canada Consultation on Prioritization for Nanoscale Forms of DSL Substances

A consultation period for a proposed prioritization approach for nanoscale forms of Domestic Substance List (DSL) substances was initiated by Environment and Climate Change Canada (ECCC) and Health Canada (HC) on July 27,...more

OSHA’s Final Rule on Crystalline Silica Standards

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure...more

Ban on Plastic Microbeads in UK’s future?

Members of Parliament are calling for a ban on plastic microbeads, preferably at the EU level, but if not, then nationally. Plastic microbeads found in cosmetic products such as face rinses and toothpaste, end up polluting...more

Singapore Publishes RoHS-Like Amendments to its Environmental Protection and Management Act

The Ministry of the Environment and Water Resources has published amendments to the Environmental Protection and Management Act, broadening its control of hazardous substances by adding Restrictions on Hazardous Substances...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Significant Changes to Washington State’s Voluntary Cleanup Program

The Washington State Department of Ecology (Ecology) recently rolled out significant changes to its Voluntary Cleanup Program (VCP). The VCP covers the largest number of cleanup sites in Washington and is a key part of many...more

I-Spy in the Sky. Feds Enact Drone Regulations

This week, the Federal Aviation Administration (“FAA”) enacted regulations for routine non-recreational use of small Unmanned Aircraft Systems weighing less than 55 pounds or “drone” laws (Part 7 of Federal Aviation...more

Air Dud: Emitters of Hazardous Substances Not Liable Under CERCLA

In a case of first impression, the Ninth Circuit recently ruled that facilities with air emissions that included hazardous substances could not be liable for remediating other properties contaminated by those hazardous...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

All or Nothing: Regulators Strictly Define Pipeline Abandonment

On August 16th, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to clarify the regulatory requirements that may vary depending on the operational status of a pipeline under 49...more

D.C. Circuit Upholds Boiler MACT

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry...more

Overlapping Labels Can Lead to Liability

Multiple regulatory agencies worldwide exercise jurisdiction over how hazards associated with chemicals in the workplace are communicated to employees and others. This creates a complex web of requirements and...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements...more

California Dreamin’: California Releases Its Sustainable Freight Action Plan and is Sued for Allegedly Improperly Imposing a Fee...

Late last week, California released the California Sustainable Freight Action Plan, a comprehensive document that is to serve as a blueprint for transforming the state’s multi-billion dollar freight transport system into one...more

Toxic Tort and Environmental Litigation: New Hoosick Falls Law: Was it Necessary? (8/16)

On Thursday, July 21, 2016, New York State Governor Andrew Cuomo signed legislation modifying the statute of limitations for personal injury claims arising from exposure to hazardous substances.1 Commonly known as the...more

OSHA Settles Legal Challenge to Process Safety Management Chemical Mixtures Enforcement Memo

In March 2015, the U.S. Supreme Court issued its decision in the closely watched Perez v. Mortgage Bankers. The Court’s decision killed a longstanding doctrine, set by the D.C. Circuit, that changes to federal agency rules,...more

California Adopts the Sophisticated Intermediary Doctrine

In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers. Webb...more

NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners

On July 6, 2016, in Schwartz v. Accuratus Corporation, No. A-73-14-076195, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners....more

Lesson of Ninth Circuit CERCLA Decision: Prepare to Prove Recoverable Costs

On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

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