The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more
A few hours after dinner time on Feb. 3, and approximately 20 miles following a dramatic slow-down from a speed of 50 miles per hour to about half that, a Norfolk Southern freight train consisting of 38 cars – 11 of which...more
Chemical manufacturers and petroleum refiners are closely tracking the latest activities of a high-level agency working group formed pursuant to President Obama’s Executive Order (13,650) responding to the West, Texas,...more
EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more
You might recall previous entries discussing Parr v. Aruba – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result....more
Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more
Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more