News & Analysis as of

Wrap-up of Federal Chemical Regulatory Developments for April 2014

EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the...more

Monthly Update for March 2014

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

Proposed Regulation of Hazardous Waste in Retail Sector

The Environmental Protection Agency has released a Notice of Data Availability (NODA) in order “to collect information towards improving hazardous waste requirements for the retail sector.” Retailer hazardous waste violations...more

Who Knew? Hazardous Waste Management by Retail Stores

The U.S. Environmental Protection Agency (EPA) released a “pre-publication” Notice of Data Availability for Hazardous Waste Management in the Retail Sector (the “Notice”), to be published in theFederal Register. The Notice...more

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

Do I Have to Think About Environmental Compliance?

Electric utilities, pulp and paper mills, and manufacturers of all types are subject to a wide range of environmental requirements. Other businesses—like retail facilities, warehouses, and property management companies—are...more

Texas Environmental Update - January 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...more

What to Expect From EPA in 2014

The Environmental Protection Agency (EPA) is likely to spend more time and effort on promulgating new regulations than pursuing enforcement during 2014. The agency has acknowledged that budget cuts will affect the number of...more

EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

Hoist on Its Own Petard: The Ninth Circuit Reverses EPA’s Approval of Nanosilver Pesticides in Textiles

Last week, the 9th Circuit Court of Appeals remanded EPA’s approval of two nanosilver pesticides for use in textiles. The case, NRDC v. EPA, is a fascinating application of the issue of “how safe is safe” and, in particular,...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

California’s Green Chemistry Puts Burden on Manufacturers

California is one of the largest consumer markets in the United States. When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and...more

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real...more

California Environmental Law and Policy Update - September 27, 2013

Environmental and Policy Focus - Governor Brown signs bill to regulate hydraulic fracturing in California: Reuters - Sep 20 -- California's first legislatively-mandated regulations on hydraulic fracturing and related...more

Beverage, Pharma Producers Should Note Recent Settlement Of Pesticide Violations Under FIFRA

Beverage and pharma producers beware: The U.S. Environmental Protection Agency (EPA) recently has shown an interest in enforcing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a law traditionally associated...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

EPA Finalizes a Rule Excluding Reusable and Disposable Wipes from Hazardous Waste Regulation

Businesses spend millions of dollars each year disposing of solvent-contaminated rags, towels and other wipes. Much of the high cost stems from the fact that, under existing regulations, wipes contaminated with hazardous...more

The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust

On July 25, 2013, the Chemical Safety & Hazard Investigation Board (CSB) held an open meeting where it designated a potential Occupational Safety & Health Administration (OSHA) general industry standard for combustible dust...more

EPA Reduces Regulatory Burden for Industrial Facilities Using Solvent Wipes

On July 23, 2013, the U.S. Environmental Protection Agency (EPA) announced that it was modifying the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude...more

Time-Barred Claim? Fourth Circuit Invalidates State Statute of Repose in Contamination Cases

On July 10, 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the federal law redressing disposal of...more

Proposed Chemical Safety Improvement Act Seeks Modernization of Chemical Regulation

On May 22, 2013, a bipartisan group of U.S. Senators (including Sen. David Vitter (R-La.) and the recently deceased Sen. Frank Lautenberg (D-N.J.)) introduced the “Chemical Safety Improvement Act of 2013” (“CSIA”) in an...more

House Subcommittee Approves Coal Ash Legislation And Proposals To Modify Superfund

The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash...more

I Believe in Environmental Regulation, But….

As readers of this blog know, I believe in governmental environmental regulation. We have a complicated world and it is not surprising that many activities, including those generating greenhouse gases, cause negative...more

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