Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the...more
Kilpatrick’s Alex Bullock and Jeff Davidson recently joined another industry leader at the “2023 RCG Summit” to present on “Emerging PFAS Regulation of Consumer Articles.” This event features members of Kilpatrick’s Retail...more
In 2021, we alerted our readers to a concerning expansive TSCA proposed reporting requirement that could apply to a range of manufacturers and importers of products containing PFAS, potentially scooping up everyone from...more
In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more
From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more
In 2021, our blog post alerted readers to a concerning expansive June 2021 TSCA proposed reporting requirement that could apply to a range of manufacturers or importers of products containing PFAS, potentially scooping up...more
On September 6, 2022, the EPA proposed a rule to designate the two most studied Per- and Polyfluoroalkyl Substances (PFAS) compounds, Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), including their...more
Walk around your basement – see those pipes? Would you consider those pipes to be hazardous waste? What about rain boots? Garden hose? Shower curtain? Traffic cones? All of these and more have the potential to be...more
On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more
On October 1, 2021, the Environmental Protection Agency (EPA) issued its draft Strategic Plan (Plan) for 2022 – 2026.1 While the Plan renews EPA’s commitment to its original principles (follow the science, follow the law and...more
The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more
Did you manufacture or import a water repellant t-shirt or a nonstick cooking pan or high performance mountain wear in the past ten years? If so, you could be required to provide ten years of past data and details regarding...more
Per- and Polyfluoroalkyl Substances (PFAS) are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including...more
Supplemental environmental projects or “SEPs” are “environmental” projects that a defendant agrees to undertake as part of a negotiated settlement of a federal enforcement action. SEPs have been used as a discretionary...more
The Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process. EPA’s Administrator Michael...more
The Toxic Substances Control Act (TSCA), enacted in 1976, authorizes the United States Environmental Protection Agency (EPA) to regulate the manufacture or importation of new and existing chemicals. TSCA’s regulations include...more
The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and...more