News & Analysis as of

Hazardous Waste

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Nashville, Tennessee Hospital Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hospital Authority of the Metropolitan Government of Nashville and Davidson County (d/b/a Nashville General Hospital [“Metropolitan”]) entered into a September...more

California v. Continental: Horizontal Exhaustion the Rule in California? Not So Fast.

by Reed Smith on

A recent California Court of Appeal decision clarifies that vertical exhaustion applies to an excess policy that only specifies a retained limit, even where the insured subsequently purchases insurance to cover the retained...more

New Regulatory Hurdles Proposed for Hazardous Waste Facilities in California

by Alston & Bird on

On September 22, 2017, DTSC commenced the public comment period for its proposed regulations update the criteria for the issuance of hazardous waste facility permit and permit modifications pursuant to SB 673. The 70 pages...more

Criminal Enforcement: Federal Appellate Court Addresses Whether Resource Conservation and Recovery Act Violation was a...

The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more

Top Ten Hazardous Waste Mistakes

by Williams Mullen on

We see it time and again: violations of hazardous waste regulations occur because employees are not aware of requirements, don’t understand them or, worse, cut corners. Here are our top ten hazardous waste mistakes you don’t...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

Latin America continues its march towards sustainability, ushering forth a spate of new bills related to chemicals and packaging. Argentina moves forward with an EPR bill for tires. Brazil proposes major new initiatives that...more

Resource Conservation and Recovery Act Guidance: U.S. Environmental Protection Agency Addresses Unused Cigars/Cigarettes

he United States Environmental Protection Agency (“EPA”) in a July 19th letter addressed whether: - . . . unused cigarettes and cigars made from tobacco are regulated as hazardous waste under the Resource Conservation...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County, Alabama Custom Paint...

The Alabama Department of Environmental Management (“ADEM”) and Titan Coatings, Inc. (“TCI”) entered into a September 5th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

The Ninth Circuit Reiterates That “Knowingly” Handling Hazardous Waste Without a Permit Is a General Intent Crime Under RCRA §...

by Clark Hill PLC on

Max Spatig was convicted of knowingly storing and disposing of hazardous waste without a permit and sentenced by the U.S. District Court for the District of Idaho to 46 months in prison under 42 U.S.C. § 6928(d)(2)(A). See...more

When Does Secondary Material Become RCRA Solid Waste?

by Clark Hill PLC on

The District of Columbia Circuit Court of Appeals recently granted, in part, industry parties’ challenge to the Environmental Protection Agency (EPA)’s final rule defining “solid waste” under the Resource Conservation and...more

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto...more

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No....more

New Wave of Climate Change Related Litigation Focuses on Industry

by Miles & Stockbridge P.C. on

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

Off-Specification Used Oil: July 27th U.S. Environmental Protection Agency Interpretive Letter

The United States Environmental Protection Agency (“EPA”) addressed in a July 27th letter various requests regarding off-specification (“Off-Spec”) used oil....more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from July 16, 2017 – August 15, 2017. Our thoughts are with our clients, friends, and neighbors who continue to struggle with the ongoing effects of Hurricane...more

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more

After the Rain: Disaster Recovery and Employee Safety Following Hurricane Harvey

by Seyfarth Shaw LLP on

Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...more

Environmental Issues that Arise in Retail and Other Commercial Businesses

by Murtha Cullina on

Owners, lessors, lessees, and developers of retail and other commercial properties are often unaware of the scope of environmental laws that apply to their businesses and/or properties. Unfortunately, they often become aware...more

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

by Williams Mullen on

The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more

D.C. Circuit Court Limits EPA’s Sham Recycling Rule

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from June16, 2017 – July 15, 2017. Latin America continues its breathtaking pace in releasing new environmental and sustainability initiatives and embracing international...more

Less Waste, More Recycling - The D.C. Circuit Cleans Up EPA’s Definition of Solid Waste

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a decision that may be of interest to recyclers and others who generate or handle materials for recycling and reclamation. On July 7, 2017, in American Petroleum...more

Appellate Court Gives Water District Partial Victory

by Clark Hill PLC on

The Orange County Water District (OCWD) is a public entity established by the California Legislature and empowered to manage, replenish, regulate, and protect groundwater supplies within its boundaries. In 2004, OCWD filed an...more

Dumping the Dump

by Clark Hill PLC on

We’ve all heard that we are a consumer nation. That is true and it’s not a bad thing. We are also a disposal nation. When we buy stuff, we throw stuff out. This includes Xboxes, new faucets, pencils, sheets, toothpaste…you...more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

179 Results
|
View per page
Page: of 8
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.