News & Analysis as of

Hazardous Substances Environmental Protection Agency

Client Alert: Federal Court Orders CAFOs to Report Air Emissions

On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down a U.S. EPA rule exempting concentrated animal feeding operations (“CAFOs”) from requirements under CERCLA that mandate reporting of releases of...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Court Orders EPA to Promulgate Air Toxics Standards: A Taste of What’s to Come?

On March 22, 2017, federal Judge Christopher Cooper ordered EPA to promulgate emissions standards for 13 sources of hazardous air pollutants by June 30, 2020. EPA admitted that it missed statutory deadlines to do so; the...more

Tips for Tackling Tier II Trouble

by Williams Mullen on

Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more

EPA Amends CAA 112(r) Risk Management Program

by Williams Mullen on

EPA has published a final rule amending its Clean Air Act (CAA) Risk Management Program (“RMP”) regulations. EPA states the new rule will reduce the likelihood of accidental releases at chemical facilities, improve emergency...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more

EPA Accepting Nominations for 2017 Presidential Green Chemistry Challenge Awards

by Bergeson & Campbell, P.C. on

As previously reported in the BRAG Biobased and Renewable Products Update of October 21, 2016, EPA announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA). EPA’s strong...more

EPA Adds Vapor Intrusion to Hazard Ranking. Can You Say “Deck Chairs on the Titanic?”

EPA has finally issued a final rule including vapor intrusion in the Hazard Ranking System. The good news is that this is appropriate, because VI is one of the few real hazards regulated by the Superfund program. The bad...more

EPA's New Enforcement Initiative Stumbles Out of the Gate

by Miles & Stockbridge P.C. on

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

New EPA Facility Safety Rule Faces Uncertain Future

by Alston & Bird on

On October 14, 2016, the Environmental Protection Agency (EPA) sent its final revised facility safety rule to the White House Office of Management & Budget (OMB) for pre-publication review. The rule would update EPA’s Risk...more

EPA Opens Nominations For The 2017 Presidential Green Chemistry Challenge Awards

by Bergeson & Campbell, P.C. on

On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA). Since 1996, these awards have honored companies...more

“Oh The Times . . . They are A-Changing:” EPA & DOJ Follow Through on Worker Endangerment Initiative

by Beveridge & Diamond PC on

On October 12, 2016, the U.S. Department of Justice (“DOJ”) announced that four Texas companies agreed to plead guilty to criminal violations of the Clean Air Act at oil and chemical processing facilities, and to collectively...more

D.C. Circuit Upholds Boiler MACT

by Williams Mullen on

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

Environmental Notes - August 2016

by Williams Mullen on

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

by Morrison & Foerster LLP on

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

by Cozen O'Connor on

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

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

by Allen Matkins on

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

Pipeline and Hazardous Materials Safety Administration Reauthorized

by Morgan Lewis on

The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more

An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA’s Federal Permit Shield

by K&L Gates LLP on

A case recently argued before the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., 9th Cir., No. 15-35228, could pave the way for a new theory of liability for parties who release air emissions during the course of...more

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

by Perkins Coie on

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

Feds Crack Down on Unsafe Asbestos Removal

by Howard Ankin on

The unsafe removal of asbestos by unprotected workers poses a huge health and safety risk in today’s workplace. Although asbestos is known to cause lung cancer and mesothelioma, it is not banned and continues to pose dangers...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

by Pierce Atwood LLP on

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Recent Developments in the Gold King Mine Spill

by Snell & Wilmer on

On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine...more

105 Results
|
View per page
Page: of 5
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!