EPA recently issued its long-awaited rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability...more
PFAS — perfluoroalkyl and polyfluoroalkyl substances — have been on the scene for years now, but we expect to see exponential growth in all things PFAS in 2024....more
The EPA is seeking comments on a newly released, revised guidance document regarding the consideration of environmental justice (EJ) concerns in the rulemaking process. The guidance document updates a 2016 version and...more
This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year.
1. ESG Developments...more
1/25/2023
/ CERCLA ,
Climate Change ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Public Health ,
Regulatory Requirements
The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS)....more
11/10/2022
/ California ,
Cosmetics ,
Environmental Policies ,
Fashion Industry ,
Hazardous Substances ,
Manufacturers ,
New Legislation ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Retail Market ,
Textiles ,
Toxic Chemicals ,
Toxic Exposure
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health...more
6/23/2022
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
New Guidance ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
On August 30, 2021, a federal court in Arizona struck down the Trump WOTUS rule, citing the serious errors in enacting the rule, as well as the serious environmental harm that it has caused....more
Last month, Maine signed the nation’s first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States....more
As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took...more
This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new...more
1/15/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Environmental Policies ,
Health and Safety ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Regulatory Reform ,
Workplace Safety
As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more
12/4/2020
/ Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
NPDES ,
Public Health ,
Regulatory Oversight ,
Stormwater Discharge Permits ,
Wastewater ,
Water Quality
In these days of working from home and managing countless other demands on our time, we offer this post to help you decide whether to add the latest Clean Water Act (CWA) cases and rules to your must-see legal watch list....more
5/13/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Inland Waterways ,
Manufacturing Facilities ,
Navigable Waters ,
Trump Administration ,
Waters of the United States
Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more
1/10/2020
/ Air Quality Standards ,
Bodily Injury ,
Clean Water Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Failure to Comply ,
Health & Safety Standard ,
Inspection Rights ,
Manufacturers ,
Manufacturing Equipment ,
Manufacturing Facilities ,
National Enforcement Initiatives (NEIs) ,
Occupational Exposure ,
OSHA ,
PFAS ,
Policies and Procedures ,
Safety Inspections ,
Strict Compliance ,
Water Quality ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Earlier this year, we wrote about EPA’s PFAS Action Plan, the agency’s blueprint for addressing contamination and protecting public health from per- and polyfluoroalkyl substances (PFAS). ...more
12/6/2019
/ Comment Period ,
Compliance Monitoring ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Health and Safety ,
Manufacturers ,
Manufacturing Facilities ,
National Action Plan ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Reporting Requirements ,
Right To Know ,
Rulemaking Process ,
Toxic Chemicals
Over the summer, EPA published a policy document to enhance cooperation between it and the many state agencies that enforce federal environmental programs. ...more
9/9/2019
/ Cooperative Compliance Regime ,
Criminal Prosecution ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Policies and Procedures ,
Policy Statement ,
Public Health ,
Regulatory Agenda ,
State and Local Government ,
Trump Administration
My partner Bob Melvin and I recently gave a presentation on environmental, health, and safety considerations in mergers and acquisitions. While it would be impossible to cover our entire presentation in a blog post, I thought...more
As we previously outlined, the Toxic Substances Control Act (“TSCA”) was amended in 2016 to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in commerce)....more
On Valentine’s Day, EPA showed a little love for per- and polyfluoroalkyl substances (PFAS), announcing a sweeping plan to address PFAS contamination and protect public health. ...more
2/15/2019
/ Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
National Action Plan ,
Pollution Control ,
Public Health ,
Regulatory Reform ,
Research Reports ,
Toxic Chemicals ,
Water Supplies
This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more
1/25/2019
/ Clean Water Act ,
Deregulation ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Manufacturers ,
Navigable Waters ,
OSHA ,
Regulatory Reform ,
Safety Inspections ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
Waters of the United States
Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more
EPA Administrator Scott Pruitt is considering a plan to restrict the agency’s use of scientific data to only that data which is publicly available. The move would prevent EPA from using private studies, dubbed “secret...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more
In our 2018 outlook, we told you about the trend towards cooperative federalism—EPA’s plan to “rebalance the power between Washington and the states to create tangible environmental results for the American people.” Early in...more
2/9/2018
/ Enforcement Actions ,
Enforcement Authority ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Interim Guidance ,
OECA ,
Public Health ,
Regulatory Violations ,
State and Local Government ,
Trump Administration
As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for...more
TSCA Framework Rules Promulgated -
As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those...more