News & Analysis as of

Hazardous Substances

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

California hazardous waste facility permitting will get harder: cost… unknown

by DLA Piper on

Permitted California hazardous waste facilities (HWFs) take note: the California Department of Toxic Substances Control (DTSC), which regulates HWF activities, has proposed significant changes to the HWF permitting process....more

The EHS Manager's Guide to the Pitfalls of HAZMAT Shipping: Cathy Webb (Harbor Environmental) Arkansas Environmental Federation...

Ms. Cathy Webb, MS, CQA, CQE undertook a presentation at the Arkansas Environmental Federation Convention and Tradeshow titled: The EHS Manager’s Guide to: The Pitfalls of HAZMAT Shipping (“Presentation”) ...more

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

by Beveridge & Diamond PC on

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Washington State’s Suit Against Monsanto Remanded to State Court

by Beveridge & Diamond PC on

Clarifying the application of a doctrine called “federal officer jurisdiction,” a federal judge in Washington held that the federal government’s actions involving procurement of polychlorinated biphenyls (PCBs) from Monsanto...more

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

by Beveridge & Diamond PC on

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

OSHA Publishes “Small Entity Compliance” Guides for the Crystalline Silica Standards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry....more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

Latin America continues to progress toward environmental sustainability goals as 2017 nears its end. Argentina proposes potable water and sanitation as legal human rights. Brazil moves forward on a number of waste...more

U.S. Court of Appeals for the District of Columbia Circuit Issues Decision on Definition of Solid Waste

by Blank Rome LLP on

In American Petroleum Institute (“API”) v. Environmental Protection Agency (“EPA”), the D.C. Circuit upheld, severed, and vacated portions of a 2015 EPA final rule, Definition of SolidWaste (the “Final Rule”). As explained...more

California Passes the Cleaning Product Right to Know Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Cleaning Product Right to Know Act makes California the first state to require ingredient labeling both on product labels and online for consumer cleaning products....more

OSHA Now Fully Enforcing Silica in Construction Standard

by Sherman & Howard L.L.C. on

On October 19, 2017, OSHA’s Acting Deputy Assistant Secretary issued interim guidance to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard. In this guidance, OSHA explains that as of...more

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

October 2017 Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s and CBP’s comprehensive reviews of their regulations, Congress’ FAA reauthorization extension legislation, the FAA’s adoption of new Stage 5...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Consumer Product Update - California's Green Chemistry Initiative Looks for New Products to Regulate

by Morrison & Foerster LLP on

On October 6, 2017, the California Department of Toxic Substances Control (DTSC) announced it is seeking public comment on its new 2018-2020 Priority Product Work Plan (Work Plan) under its Safer Consumer Products (SCP)...more

OSHA’s New Crystalline Silica Standard is Now Being Enforced for Construction

by Miller & Martin PLLC on

Enforcement began September 23, 2017, for the construction industry. Everyone covered by the standard is required to...more

How Wrong Does a District Court Have to Be to Abuse Its Discretion?

The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant from 1939 to...more

Protecting Purchasers in Commercial Property Transactions

by Snell & Wilmer on

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more

Thinking Outside the Four Walls of a Premises

by Pepper Hamilton LLP on

Before submitting a letter of intent (LOI) for a new commercial lease, a tenant should consider whether it has special business needs that must be incorporated in the lease. These include lease provisions necessary for the...more

Construction Employers Now Subject to Enforceable OSHA Respirable Crystalline Silica Rule; Grace Period for “Good Faith”...

by Bryan Cave on

Construction employers are now subject to OSHA’s Respirable Crystalline Silica rule, which became enforceable on September 23, 2017. OSHA published a guidance memorandum dated September 20, 2017, which set forth a 30-day...more

OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017....more

CPSC Initiates Rulemaking to Ban Some Flame Retardants

by Miles & Stockbridge P.C. on

In 2015, a group of consumer groups filed a petition with the U.S. Consumer Product Safety Commission (“CPSC”) seeking to ban under the Federal Hazardous Substances Act the use of non-polymeric organohalogen flame retardants...more

OSHA Grants Brief Reprieve on Silica Enforcement

by Sherman & Howard L.L.C. on

On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In...more

UK Publishes Draft Legislation Prohibiting the Manufacture and Supply of Cosmetic Products Containing Microbeads

by Hogan Lovells on

On 11 September 2017, the UK Department for Environment, Food and Rural Affairs (DEFRA) published draft regulations prohibiting the manufacture and supply of rinse-off personal care products containing microbeads. The draft...more

Bona Fide Prospective Purchaser Escapes CERCLA Liability

by PretiFlaherty on

The owners of a shipyard sued a prior owner and the current owner of an adjacent former steel mill property in Baltimore, Maryland for recovery of cleanup costs under the Comprehensive Environmental Response, Compensation,...more

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