News & Analysis as of

Enforcement Actions Hazardous Substances

Keller and Heckman LLP

May 2025 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

McGuireWoods LLP

Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products

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On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory...more

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Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Morrison & Foerster LLP - Class Dismissed

Tenth Circuit Denies Challenge to CPSC Rule Regulating High-Powered Magnets

The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...more

Sheppard Mullin Richter & Hampton LLP

Unpacking EPA’s PFAS Announcement: Addressing Contamination with Ambiguity Ahead

The U.S. Environmental Protection Agency (EPA) announced a comprehensive set of actions to address per- and polyfluoroalkyl substances (PFAS) contamination on April 28, 2025, with a focus on preventing PFAS from entering...more

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly/Act 1009: Addressing Enforcement for Certain Types of Industrial Waste Disposal

Act 1009 was signed by Governor Sanders which amends the Arkansas Water and Air Pollution Control Act to require revocation of a permit for the disposal of industrial waste in an agricultural or pastoral application for a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Morganfield, Kentucky Medical Device Design...

The United States Environmental Protection Agency (“EPA”) and Vibracoustic USA, Inc. (“VUI”) entered into an April 21st Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fordyce Railway Tank Car...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Transitech Inc. (“TI”) entered into an April 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

Husch Blackwell LLP

Trump Fires Democratics on Consumer Product Safety Commission: What’s Next for Consumer Safety?

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On May 8, 2025, the Trump Administration fired all three Democratic Commissioners from the U.S. Consumer Product Safety Commission (“CPSC” or the “Commission”) via overnight email. This abrupt change in leadership has raised...more

Goldberg Segalla

EPA Settles with Pennsylvania Schools Over Alleged Asbestos Violations

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The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to include all required...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerant Regulations/Air Enforcement: U.S. Environmental Protection Agency and East Brunswick, New Jersey HVAC Company Enter...

The United States Environmental Protection Agency (“EPA”) and Gold Medal Service (“GMS”) entered into an April 7th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations 40...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement: Eugene, Oregon Wood Treatment Facility Operators Sentenced for Alleged Hazardous Waste/Clean...

The United States Department of Justice (“DOJ”) issued an April 23rd news release stating that a federal judge in Oregon sentenced two companies responsible for the operation of the J.H. Baxter wood treatment facility in...more

Goldberg Segalla

EPA Announces List of Upcoming Agency Actions to Address PFAS

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The Environmental Protection Agency announced April 28 a list of upcoming agency actions to address Per- and Polyfluoroalkyl Substances (PFAS).  This week’s announcement provides a broad outline of EPA’s plans that centers...more

McGuireWoods LLP

Contaminants Compass: April 2025 Special Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS)....more

Bergeson & Campbell, P.C.

EPA Outlines Actions to Address PFAS

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming Agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s announcement, “[i]n line with Administrator Zeldin’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Penalty Assessment Addressing Conyers, Georgia Biolab

The Occupational Safety and Health Administration (“OSHA”) issued a news release stating that it is proposing to impose penalties against Bio-Lab Inc. (“BLI”). The news release states that OSHA determined that the BLI...more

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more

Frost Brown Todd

U.S. EPA Announces Major Actions to Combat PFAS Contamination

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After several quiet months for federal regulatory activity involving per- and polyfluoroalkyl substances (PFAS), on April 28, 2025, the United States Environmental Protection Agency (U.S. EPA) issued a press release that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trichloroethylene Toxic Substances Control Act Rule: 124 Environmental Organizations Transmit Letter to U.S. Environmental...

124 community, environmental, public health, and other organizations jointly transmitted a March 2025 letter to the United States Environmental Protection Agency (“EPA”) Administrator Zeldin asking that the agency: ...more

Faegre Drinker Biddle & Reath LLP

Enforcement Realigned: How EPA Is Reconciling Priorities With Policy Shifts

The Environmental Protection Agency (EPA) has announced changes to the implementation of the National Enforcement and Compliance Initiatives (NECIs) for FY 2024-27 in alignment with President Trump’s executive orders. While...more

Bergeson & Campbell, P.C.

ECHA Updates Annual Evaluation Statistics and Recommendations to Registrants on Improving Dossiers

The European Chemicals Agency (ECHA) announced on February 26, 2025, that it has updated its annual statistics on evaluation progress. According to ECHA, between 2009 and 2024, it checked the compliance of 15,500...more

K&L Gates LLP

Flick the Switch Board: Get Plugged into the Latest UK Guidance on EEE and WEEE

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Waste treatment, recycling and take back obligations in relation to electrical and electronic equipment (EEE) and waste of such electrical and electronic equipment (WEEE) have long been a focus area for EU regulators, and now...more

Mitchell, Williams, Selig, Gates & Woodyard,...

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency Complaint Filed Against Seaside, Oregon Petroleum Product...

The United States Environmental Protection Agency (“EPA”) has filed on December 18, 2024, an Administrative Complaint against Jackson & Son Distributors, Inc. dba Jackson and Son Oil (“JS”) alleging a violation of the Clean...more

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