Manufacturing Facilities

News & Analysis as of

Creative Cooperation: Public-Private-Partnerships

Some people trust private industry and the free market to solve economic challenges and develop economic opportunities, while others prefer allowing government initiatives to address such issues. The space between these two...more

Energy Efficiency Through Innovative Financing

Do your energy costs keep you up at night? Do aging systems keep your utility spend high while other needs draw scarce capital resources? You are not alone. Major HVAC, lighting and other upgrades can be capital intensive...more

Manufacturing Matters Summer 2015

Welcome to Manufacturing Matters, DLA Piper’s specialist publication providing a round-up of legal news, sector updates and commentary for clients and contacts engaged in the manufacturing sector. The sector has...more

EPA Issues Final Amendments to Cement Kiln NESHAP

Effective July 27, 2015, EPA amended key components of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for new and existing portland cement kilns. The changes, in part, were necessary to comply with a...more

EPA Will Continue Review of Engineered Nanomaterials in Wastewater

On August 4, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability of its Final 2014 Effluent Guidelines Program Plan. The Final Program Plan includes the following findings from EPA’s review of...more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

Michigan Storm Water Update – July 2015

The following post is provided by our guest author, Karen Lutz from TRC. Karen can be reached at klutz trcsolutions.com. What? – If you have an industrial/manufacturing facility in Michigan, and storm water runoff is...more

Coming to America: Challenges in Moving Manufacturing to the U.S.

News of manufacturing companies coming to America or choosing to stay in the U.S. is plentiful of late. Why the focus on American manufacturing? And, perhaps more important, what are the legal and cultural issues facing...more

Closing a Facility? Dig Deep to Avoid Contractual Issues

When closing a facility, the legal issues that most often come to mind are terminating a lease or selling the asset(s). However, those are just the tip of the iceberg. From below the surface, potential problems may arise out...more

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the last two...more

Spotlight on Manufacturers: Tennessee's 2015 Tax and Related Legislation

Manufacturing is a primary driver of our economic growth. As such, those businesses involved with fabricating, processing, converting and producing goods in today's marketplace must be ever-vigilant regarding new laws that...more

Closing a Facility? Don’t Create Human Capital Problems

In recent years, manufacturers have closed facilities, corporate offices, warehouses, and production plants, for a variety of reasons. All too often, manufacturers overlook important legal requirements or planning steps,...more

Philadelphia Amends Fuel Oil Ordinance, Allows Use of Old Oil After New Standards Take Effect July 1

An amendment to Philadelphia Code relating to the use of No. 2 fuel oil—the most widely used oil for heating, industrial operations, and emergency generation, was signed into law by Mayor Michael Nutter on June 18. This...more

U.S. EPA – Next Generation Enforcement – Already Here With More Coming Soon

The 2016 budget focus for the United States Environmental Protection Agency (“U.S. EPA”) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who...more

Georgia Public Service Commission Renders Initial Decision in Favor of Jackson EMC in Territorial Dispute with Georgia Power

The Georgia Public Service Commission recently rendered an initial decision in a dispute between Jackson EMC and Georgia Power under the so-called “grandfather clause” of the Georgia Territorial Act. Under the grandfather...more

OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations...more

When Does a Judge Refuse an Unopposed Motion to Enter a Consent Decree?

Last week, Judge John Copenhaver refused to allow a motion by the United States to enter a consent decree that would have resolved government claims against DuPont concerning alleged violations of the Clean Air Act, CERCLA,...more

Ranbaxy Labs., Ltd. v. Burwell

Case Name: Ranbaxy Labs., Ltd. v. Burwell, 14-cv-1923 BAH, 2015 U.S. Dist. LEXIS 29459 (D.D.C. Mar. 11, 2015) (Howell, J.). Drug Products and Patents-in-Suit: Nexium® (esomeprazole) and Valcyte® (valganciclovir);...more

Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

Wrap-Up of Federal and State Chemical Regulatory Developments April 2015

EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

Are you driving a defective forklift at work?

Freight shipping employees in Illinois operate tens of thousands of forklifts every day. According to a recent report released by the U.S. Occupational Safety and Health Administration, a well-known shipping company exposed...more

Three Months and Counting: Preparing for California’s New Industrial Storm Water Permit

If you operate one of the over 100,000 industrial facilities subject to California’s new Industrial Storm Water Permit (2015 Permit), you are probably already aware that only three months remain to ensure your compliance...more

PBGC Moratorium on Enforcement of 4062(e) Ends

The PBGC has announced that it will not continue its moratorium on enforcing ERISA section 4062(e) events. This announcement comes following the changes to section 4062(e) that were made under the Multiemployer Pension Reform...more

New Plant Shutdown Rules for Defined Benefit Retirement Plans

The 2015 omnibus appropriations bill (the "Omnibus Bill"), signed by President Obama on December 16, 2014, made significant changes to the "substantial cessation of operations" rules (also known as the "plant shutdown" rules)...more

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