News & Analysis as of

Hazardous Substances

Regulatory Challenges Posed by Emerging Contaminants

by WilmerHale on

Awareness of the presence of contaminants of emerging concern (a.k.a. emerging contaminants) in public and private water supplies around the country has become a considerable focus of public officials and the general public....more

Missouri Supreme Court Talc Decision Alters Landscape

by Polsinelli on

On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from January 16 – February 15, 2018. Greetings! As we move into the new year, look for changes in this space! We will be responding to client needs and requests to include...more

Polyurethane Processing: American Chemistry Guidelines for Management and Disposal of Hazardous Wastes

The American Chemistry Council (“ACC”) issued a guidance document titled: Guidelines for Management and Disposal of Hazardous Wastes from Polyurethane Processing (“Guidelines”) ...more

Silica Limits for Oil and Gas Operations

by Steptoe & Johnson PLLC on

June 23, 2018 will bring new standards into play for the producers of our nation’s oil and gas resources, particularly the unconventional operations utilizing hydraulic fracturing. The long expected regulations on exposure to...more

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

California Proposes Next Group of Priority Products (PFASs in Carpets and Rugs) Under Its Green Chemistry Initiative

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion...more

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

by Thompson Coburn LLP on

In the fall of last year, California Governor Jerry Brown signed the Cleaning Product Right to Know Act of 2017 (the "CPRTKA"), adding provisions to the California Health and Safety Code commencing at § 108950 related to...more

Environmental Notes - March 2018

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

by Fisher Phillips on

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

The Ohio Supreme Court Rejects Cumulative Exposure as Sufficient to Establish Substantial Factor in Asbestos Cases

by Reminger Co., LPA on

Numerous cases have been filed in courts across the United States alleging that exposure to defendants' asbestos-containing products caused various diseases, including mesothelioma, a rare cancer primarily linked to asbestos...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from December 16, 2017 – January 15, 2018. Notwithstanding the holidays, Latin American countries continued their focus on sustainability and the environment with heavy...more

EPA Tosses Out the “Once In, Always In” Policy For Major Sources of Hazardous Air Pollutants

by Robinson & Cole LLP on

On January 25, 2018, the Environmental Protection Agency (EPA) withdrew its longstanding but controversial “once in, always in” policy that a “major source” of hazardous air pollutants (HAP) was forever locked into “major...more

Release Reporting/ CERCLA Enforcement: U.S. Environmental Protection and Tennessee Valley Authority Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Tennessee Valley Authority (“TVA”) entered into a January 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violation of Section 103(a) of the...more

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Related to Greene County, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 12th Director’s Order and Assessment (“Order”) to North Greene Utility District, Incorporated (“NGUD”) regarding alleged violations related to...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

EPA's "Once In, Always In" Policy Is Tossed Out

by Pierce Atwood LLP on

On January 25, 2018, EPA announced that it was withdrawing its “once in, always in” policy for the classification of major sources of hazardous air pollutants (HAPs) under Section 112 of the Clean Air Act. Under its new...more

Arkansas Department of Environmental Quality – Implementing Environmental Policies and Regulations: Stuart Spencer (Associate...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director (Office of Air Quality) Stuart Spencer undertook a January 24th presentation to my University of Arkansas Law School Environmental Law class titled: ...more

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