The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more
On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule with a parallel proposed rule to delay the reporting period for the October 2023 final rule that...more
The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Protection Agency (EPA) ,
Federal Reserve ,
Government Agencies ,
Interchange Fees ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
West Virginia v EPA
On March 26, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 8(d) of the Toxic Substances Control Act (TSCA) that would require manufacturers and importers of 16 chemical substances...more
Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon...more
On May 3, 2024, the U.S. Environmental Protection Agency’s (EPA) final rule on procedures for chemical risk evaluation under the Toxic Substances Control Act (TSCA) was published in the Federal Register. In the words of EPA’s...more
The U.S. Securities and Exchange Commission (SEC) faces an uncertain timeline to implement its new climate disclosure rule, as nine legal challenges have now been transferred to the U.S. Court of Appeals for the Eighth...more
The U.S. Environmental Protection Agency (EPA) has issued its final rule that significantly raises user fees under the Toxic Substances Control Act (TSCA). As shown below, there are large fee increases in key areas such as...more
Effective January 1, 2030, the sale of any industrial, commercial, or consumer product containing intentionally added Per- and Polyfluoroalkyl Substances (PFAS) will be banned in Maine unless the use of PFAS in the product is...more
1/13/2024
/ Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Exemptions ,
Manufacturers ,
PFAS ,
Proposed Regulation ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Webinars
We took a look at the 2024 NDAA with respect to PFAS, since Congress has a track record of passing substantive provisions to require EPA to regulate PFAS in prior NDAA legislation. Although not as consequential as the 2020...more
On December 10, 2023, in New York, the UN Human Rights Prize will be awarded to the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Human...more
The U.S. Environmental Protection Agency (EPA or Agency) has issued two pre-publication announcements on notable regulatory actions that may affect your business. The first one will increase the amount of information that...more
10/27/2023
/ Chemicals ,
De Minimus Quantity Exemption ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Risk Assessment ,
SNUR ,
Toxic Substances Control Act (TSCA)
Many companies that were unaffected by Per- and Polyfluoroalkyl Substances (PFAS) reporting obligations will likely have to comply with the new reporting obligations illustrated in the Figure below. Just last week, the U.S....more
On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more
Welcome back to The WELL. Let’s begin with an adaptation of the “The Ant and the Grasshopper,” when they met this summer on a field. The Grasshopper was relaxing because the final Perfluoroalkyl and Polyfluoroalkyl Substances...more
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more
10/9/2023
/ Confidential Business Information (CBI) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
NDAA ,
OECD ,
PFAS ,
Reporting Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Here is a chart for our readers on what to expect for risk management activities under TSCA in 2023.
It is going to be a busy year....more
The U.S. Environmental Protection Agency’s (EPA’s) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental...more
On December 20, 2022, the Federal Trade Commission (FTC) published a Request for Comment (Request) on potential revisions to its Green Guides for the Use of Environmental Claims (Green Guides)....more
In this follow-up to last year’s episode, “The Great Green North: A Discussion on Canada’s Environmental Regulations,” Martha Marrapese and W. Scott Thurlow come together once again to discuss updates in Canada’s...more
Let’s kick start a conversation on Toxic Substances Control Act confidential business information (TSCA CBI). Maybe I’ve just missed it, but I have not seen much public discussion about the U.S. Environmental Protection...more
In today’s blog, we turn back to my favorite topic – Toxic Substances Control Act (TSCA) implementation. On June 22, it will be six years since the historic passage of the Lautenberg Amendments....more
EPA Comment Period Open on Proposed Clean Water Act Hazardous Substance Worst-Case Discharge Planning Regulations: EPA is seeking comments on requiring certain facilities to submit Clean Water Act (CWA) hazardous substance...more
Effective March 21, 2022, the U.S. Environmental Protection Agency (EPA or the Agency) has withdrawn from its website two questions and the Agency’s answers (FQs) related to Property Management Companies’ (PMC) obligations...more
ICYMI. . . the U.S. Environmental Protection Agency’s (EPA’s or Agency’s) Toxic Substances Control Act (TSCA) office is moving into evaluating whether there is unreasonable risk at industrial facility “fencelines.” What’s...more