News & Analysis as of

Hazardous Substances Regulatory Requirements Compliance

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

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

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What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...more

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

PCB Bulk Product Waste Storage Timeframes: U.S. Environmental Protection Agency Response to Region 1 Request for Approval of...

The United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery issued a January 17th memorandum titled: Response to Region 1 Request Regarding PCB Bulk Product Waste Storage...more

King & Spalding

France Adopts a Law Banning PFAS in Cosmetics, Textiles, and Waxing Products

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After several months of uncertainty due to amendments made by the Senate and the dissolution of the National Assembly shortly thereafter, France finally passed a law on February 27, 2025, aiming to reduce risks associated...more

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Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Cargo...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a December 20, 2024, Interpretive Letter addressing the application of the Hazardous Materials Regulations (“HMR”) applicable to...more

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

Use of Phosphogypsum/Small Scale Road Pilot Project: Center for Biological Diversity Files Federal Appellate Court Challenge to...

The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more

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

Landfill Leachate: New Hampshire Bill Proposes Requirement for Detailed Management Plan

House Bill 566-FN (“566”) has been introduced into the 2025 New Hampshire legislative Session addressing landfill leachate. 566 would require permit applications for new landfills in the state to contain a detailed plan...more

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

Transportation/Hazardous Materials; Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a January 10th interpretive Letter addressing the application of the Federal Hazardous Materials Regulations (“HMR”) to the combustible liquid...more

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Fox Rothschild LLP

Litigation Over PFAS MCLs on Hold for Now

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A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more

Buchalter

Proposition 65 Warning Regulations Revised, Including Widely-Used Short-Form Warning

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California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more

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

Considerations for Municipalities/Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices: U.S. Pipeline and...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a document titled: Considerations for Municipalities for Permitting Operations of Lithium-Ion Battery Powered Micromobility Devices...more

Sheppard Mullin Richter & Hampton LLP

Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings

Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th Proposed Director’s Order and Assessment (“Order”) to Sherwin-Williams Company (“Sherwin-Williams”) addressing alleged violations of the...more

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

Lithium Battery Guide for Shippers: Pipeline and Hazardous Materials Safety Administration Compliance Tool for All Modes of...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an October 2024 document titled: LITHIUM BATTERY GUIDE FOR SHIPPERS: A Compliance Tool for All Modes of Transportation (“Guide”)....more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Lithium...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an October 1st Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”): …to determine...more

MG+M The Law Firm

EPA Argues PFAS Maximum Contaminant Levels Are Lawful and in Accordance With Statutory Procedure

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On April 10, 2024, the United States Environmental Protection Agency (EPA or Agency) promulgated the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances...more

Stoel Rives LLP

New 2025 EPA Risk Management Rules on TCE, PCE, and CTC

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The U.S. Environmental Protection Agency (“EPA”) recently enacted further restrictions for three chlorinated solvents – trichloroethylene (“TCE”), perchloroethylene (“PCE”) and carbon tetrachloride (“CTC”).  On December 17...more

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

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California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more

ArentFox Schiff

Death Knell Sounds for PFAS-Containing Food Packaging Materials

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On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances...more

Farella Braun + Martel LLP

EPA Announces Automatic Addition of Nine Additional PFAS to Toxics Release Inventory

On January 3, 2025, EPA issued a press release announcing that nine additional PFAS had been added to the Toxics Release Inventory (TRI) for Reporting Year 2025. These nine PFAS were automatically added to the TRI pursuant to...more

Benesch

Hazardous Materials Regulations: A Regulatory Primer

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Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.  A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

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Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

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