In a much-anticipated decision, the United States Court of Appeals for the Third Circuit recently held that unsecured noteholders’ claims against a debtor for certain “Applicable Premiums” were the “economic equivalent” to...more
The PRA has published its final policy on the requirements for non-systemic UK banks and building societies to prepare for a solvent exit. The new rules require all firms in scope to prepare for an orderly solvent exit as...more
In the aftermath of Hurricane Ian, many residents and businesses must exert extraordinary efforts to begin the recovery from the massive damage caused by the storm. Initial efforts must be focused on removal of debris and...more
What rate of post-petition interest must a solvent debtor pay creditors whose claims are designated as unimpaired pursuant to Section 1124(1) of the Bankruptcy Code?...more
Creditors of distressed businesses are often frustrated by shareholder-controlled boards when directors pursue strategies that appear to be designed to benefit shareholders at the creditors’ expense. In these circumstances,...more
A United States Environmental Protection Agency (“EPA”) Administrative Law Judge Christine Donelian Coughlin (“ALJ”) interpreted the Resource Conservation and Recovery Act (“RCRA”) term “manufacturing process unit” (“MPU”) in...more
The United States Environmental Protection Agency (“EPA”) and Sonoco Hickory, Inc. (“Sonoco“) entered into a May 19th Consent Agreement (“CA”) addressing alleged violations of hazardous waste regulations. See Docket No....more
With the release of a much-anticipated rule on solvent-based extraction, Medical Marijuana Treatment Centers (MMTCs) in Florida will be permitted to diversify product offerings and qualified medical marijuana patients will...more
Despite Maine’s attainment of the ozone standards, Volatile Organic Compound (VOC) control requirements keep coming. The Maine Department of Environmental Protection (DEP) has proposed a new regulation, Chapter 166, that...more
On September 21, 2017, AkzoNobel, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that its Specialty Chemicals business is studying plans to build a world-class plant for its Bermocoll®...more
The State of Maine Department of Environmental Protection (MEDEP) just amended its rules to formally include an exemption for “solvent-contaminated wipes,” putting to bed a long-standing question of how solvent-contaminated...more
EPA is proposing significant use restrictions and recordkeeping requirements on those facilities using or distributing trichloroethylene (TCE), a widely used industrial solvent. The agency proposed two rules in a month’s time...more
On August 4, 2015, Elevance, a BRAG member, announced the addition of Elevance Clean™ 1000 to the Elevance Clean™ Product Line. The new ingredient is a biobased cleaning ingredient that improves the performance of d-limonene...more
MassDEP issued a fact sheet in June identifying special considerations for responding to releases of 1,4-dioxane (“dioxane”), which was primarily used as a stabilizer and corrosion inhibitor as an additive to chlorinated...more
On January 27, 2015, the Food and Drug Administration (“FDA”) requested comments on a recommendation by the World Health Organization (“WHO”) to classify two common industrial solvents – gamma-butyrolactone (“GBL”) and...more
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
On July 22, 2013, the U.S. Environmental Protection Agency (EPA) announced that it had finalized a rule revising the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused,...more
With the 2013 Maryland General Assembly’s passage of House Bill 431, Maryland became the 16th state to enact new and revised standards and reporting requirements for insurers and their parents/affiliates that are part of an...more
On April 17, 2013, DEP posted to public comment proposed changes to its Chapter 130, Solvent Cleaning Regulation. The proposed changes would expand the applicability of the regulation from covering “solvent cleaning...more