News & Analysis as of

RCRA

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2017

by Bergeson & Campbell, P.C. on

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the...more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Post-Closure Involvement at Hazardous Waste Disposal Facility Found to be Grounds for “Operator” Liability Under RCRA

by Freeborn & Peters LLP on

A North Carolina appeals court has ruled that a company may be an “operator” of a hazardous waste disposal facility under RCRA Subtitle C based solely on post-closure involvement at the site. The case, WASCO LLC v. N.C....more

A Development in Earthquakes and Fracking

by Gray Reed & McGraw on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

RCRA Update: New Hazardous Waste Generator Rule Goes Into Effect in May 2017

EPA’s final Hazardous Waste Generator Improvements Rule (“Rule”), which goes into effect on May 30, 2017, contains approximately 60 revisions to the hazardous waste generator regulatory program. The revisions focus on...more

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

Landfill Expansion Project Halted by MassDEP

by Beveridge & Diamond PC on

Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand...more

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

by Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

Industry Groups Sue to Block Hazardous Waste Generator Improvements Rule

by Freeborn & Peters LLP on

Nine trade associations, including the American Chemistry Council, the American Petroleum Institute, and the American Forest & Paper Association, have filed a Petition for Review challenging the EPA’s Hazardous Waste...more

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

Coal Ash Backfill: Congress Authorizes EPA to Approve State Coal Combustion Residue Programs

by K&L Gates LLP on

As mentioned in our Alert of “A WIIN for Water Infrastructure” on the recently signed Water Infrastructure Improvements for the Nation (“WIIN”) Act, Congress included provisions intended to provide national consistency and...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

by K&L Gates LLP on

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

EPA Exploring Revisions to RCRA Waste Handling Regulations for Retailers

by Kelley Drye & Warren LLP on

The U.S. Environmental Protection Agency ("EPA") is pursuing plans to address the unique challenges faced by retailers in complying with the waste handling regulations of the Resource Conservation and Recovery Act ("RCRA")....more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

EPA’s Newly Adopted Hazardous Waste Generator Improvements Rule: A Much-Needed Improvement

by Freeborn & Peters LLP on

On November 28, 2016, the EPA published its Hazardous Waste Generator Improvements Rule, finalizing a much-needed update to the 30-year old Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulations. ...more

EPA Releases CERCLA Financial Assurance Rule

by Alston & Bird on

EPA has released its long-awaited proposed CERCLA financial assurance regulations for the hardrock mining industry. When finalized, these regulations will serve as a model for financial assurance regulations for other...more

Big Changes Coming – EPA Publishes its Hazardous Waste Generator Improvements Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will...more

EPA Finalizes Hazardous Waste Generator Improvements Rule

by K&L Gates LLP on

EPA published its final Hazardous Waste Generator Improvements Rule (“HWGIR” or “Rule”) on November 28, 2016, in the Federal Register (81 Fed. Reg. 85732–85829). This long-awaited Rule makes over 60 changes to the existing...more

Regulatory Burdens On Retailers Continue to Evolve

by Snell & Wilmer on

In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

by Beveridge & Diamond PC on

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

EPA Overhauls Rules for Hazardous Waste Generators, Imposing Substantial New Burdens on Hundreds of Thousands of Facilities in...

by Beveridge & Diamond PC on

1 Introduction - On October 28, 2016, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a final rule that completely overhauls the long-standing requirements for generators of...more

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