Massachusetts’ achievement of 2025 net zero greenhouse gas (GHG) emissions rests upon rapid electrification of the energy grid and substantial growth in solar electricity generation. As of 2023, nearly a quarter of the...more
The Cement Kiln Recycling Coalition (“CKRC”) submitted November 21st comments to the United States Environmental Protection Agency (EPA”) addressing the following Advance Notice of Proposed Rulemaking (“ANPR”) titled: ...more
On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and...more
Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries. ...more
The New York Attorney General (“AG”) and New York Department of Environmental Conservation Commissioner (collectively, “AG”) announced in a September 14th news release the convictions of ALPCO Recycling, Inc., Alton Plumb,...more
Lithium-ion batteries hold great promise for reducing transportation-related combustion emissions, but they also carry risk. The federal government routinely warns airline passengers about the inherent fire risk of...more
Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand. A growing number of these energy-dense batteries are being manufactured and used in...more
On May 24, 2023, the U.S. Environmental Protection Agency (EPA or the Agency) issued guidance on the potential applicability of the nation’s hazardous waste regulatory program under the Resource Conservation and Recovery Act...more
As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more
The United States Environmental Protection Agency (“EPA”) issued a May 24th Guidance Memorandum titled: Lithium Battery Recycling Regulatory Status and Frequently Asked Questions (“Memorandum”)...more
For the past five months, Proskauer has acted as pro bono counsel to Instituto Recicleiros (Recicleiros), a Brazilian non-profit, in obtaining a grant from the Alliance to End Plastic Waste (AEPW). AEPW is an industry-founded...more
The United States Environmental Protection Agency (“EPA”) addressed in a February 11th letter a question regarding the potential for repurposing or recycling alcohol-based hand sanitizers under the Resource Conservation and...more
The California Department of Toxic Substance Control (DTSC) recently launched an emergency rulemaking amending California’s definition of scrap metal to align it with federal requirements and clarifying the process by which...more
I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more
The Alabama Department of Environmental Management (“ADEM”) and LG Electronics USA, Inc. (“LG”) entered into a January 6th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code addressing...more
The United States Attorney for the Western District of Wisconsin issued a November 19th news release stating that James Moss (“Moss”) of Ladysmith, Wisconsin, was sentenced by a U.S. District Judge to 18 months in federal...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Upper Edge Technologies, Inc. (“Upper Edge”) entered into an October 13th Consent Administrative Order (“CAO”) addressing...more
The California Department of Toxic Substances Control (“DTSC”) announced in an October 26th news release that it was classifying hazardous waste (i.e., discarded) solar panels as universal waste. DTSC states that the...more
I undertook a presentation for the Arkansas Environmental Federation Land and Sustainability Webinars on May 22nd titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2019-2020 (“Presentation”)...more
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
The West Coast Chapter of the Institute of Scrap Recycling Industries, Inc., and several scrap facilities (collectively “Scrap Facilities”) filed a November 26th Complaint for Declaratory and Injunctive Relief (“Complaint”)...more
Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more
Beginning in December 2019, the Ban Amendment to the Basel Convention will prohibit shipments of hazardous waste from OECD countries to non-OECD countries for disposal or recovery. While the Ban Amendment was originally...more
On July 2, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of California Communities Against Toxics, et al. v. EPA. In this decision, the court rejected the latest petition to strike or...more
The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more