News & Analysis as of

Hazardous Waste

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Arkansas Economic Developers & Chamber Executives Environmental Permitting Workshop: January 18th – North Little Rock, Arkansas

The Arkansas Economic Developers & Chamber Executives (“AEDCE”) is presenting an Environmental Permitting Workshop (“Workshop”) on January 18th in North Little Rock, Arkansas. The subtitle of the Workshop...more

12 Things You Should Know about EPA’s New E-Manifest Rule

by Freeborn & Peters LLP on

The cradle-to-grave scheme is at the heart of the Resource Conservation and Recovery Act. RCRA, after first defining what a “hazardous waste” is and requiring permits for facilities accepting these materials, then requires a...more

User Fees for the Electronic Hazardous Waste Manifest System: January 3rd U.S. Environmental Protection Agency Federal Register...

The United States Environmental Protection Agency (“EPA”) published a final rule in the January 3rd Federal Register establishing the methodology it will utilize to determine and revise the user fees applicable to the...more

Receiving Facilities Will Be Responsible For Payment of User Fees Under the E-Manifest User Fee Final Rule

by Freeborn & Peters LLP on

Continuing on our discussion of the electronic manifest (e-Manifest) system, EPA Administrator, Scott Pruitt, signed the e-Manifest User Fee Final Rule on December 20, 2017. EPA expects the final rule to be published in the...more

Insurer Claiming Reimbursement for Cleanup Costs Entitled to Writ of Attachment Against Insured on Showing Probable Validity of...

In Santa Clara Waste Water Co. v. Allied World Nat'l. Assur. Co. (No. B279679, filed 12/20/17), a California appeals court affirmed the grant of a right to attach order and a writ of attachment against the policyholder for...more

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

by Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

E-Manifests Are Coming in 2018: Will You Be Ready?

by Freeborn & Peters LLP on

The U.S. Environmental Protection Agency’s (EPA) e-Manifest system is anticipated to officially launch in June 2018. The e-Manifest is a nationwide system for tracking hazardous waste shipments electronically and will...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Boat Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Aluma-Weld, Inc. (“AWI”) entered a Consent Administrative Order addressing alleged violations of Arkansas Pollution Control and Ecology Commission (“APC&EC”)...more

Department of Transportation Repeals Controversial Rail Brake Rule

by Holland & Knight LLP on

In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility

by Kelley Drye & Warren LLP on

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more

Top 10 Questions to Consider If Sued Under RCRA’s Citizen Suit Provisions

by Beveridge & Diamond PC on

No longer only a tool of public interest groups, an ever expanding group of plaintiffs – including commercial plaintiffs – are using the citizen suit provision of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C....more

Arkansas Pollution Control and Ecology Commission Regulation 30 (Remedial Action Trust Fund Hazardous Substance Site Priority...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 28th news release stating that the Arkansas Pollution Control and Ecology Commission (“Commission”) will hold a public hearing on December 4th to...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Former Governor Pat Quinn Files to Run for Illinois Attorney General Open Seat- According to reports, former Illinois Governor Pat Quinn, a Democrat, has filed to run for Illinois AG in 2018. ...more

State Implementation Update for Revisions to Hazardous Waste Generator Rule

by Foley & Lardner LLP on

The U.S. Environmental Protection Agency (EPA) published revisions to hazardous waste generator regulations on November 28, 2016. These revisions went into effect at a federal level and for non-delegated states on May 30,...more

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially Discarded by Court

by Williams Mullen on

EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more

EU & Competition Law Update – November 2017

by Bryan Cave on

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

Medical Waste/OSHA Enforcement: Missouri Podiatry Clinic Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) cited Anderson Foot and Ankle Clinic (“AFAC”) for alleged violations of the hazard communication standard. AFAC is stated to be a Rolla, Missouri podiatry clinic....more

Arkansas Department of Environmental Quality Office of Land Resources Update: Kevin White (Deputy Director) Arkansas Environmental...

Mr. Kevin White undertook a presentation at the Arkansas Environmental Federation Convention/Tradeshow titled: Arkansas Department of Environmental Quality of Land Resources Update (“Presentation”) ...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Morrilton, Arkansas Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Semco LLC (“Semco”) entered into an October 9th Consent Administrative Order (“CAO”) addressing an alleged of violation of Arkansas Pollution Control and Ecology...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and San Antonio, Texas Medical Facility Operator...

The United States Environmental Protection Agency (“EPA”) and Gastroenterology Consultants of San Antonio, P.A. (“GCS”) entered into a Consent Agreement and Final Order (“CA”) addressing alleged Resource Conservation and...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

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