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The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled: Addressing PWS...more
The United States Environmental Protection Agency (“EPA”) announced a Supplemental Notice of Proposed Rulemaking to update, strengthen, and expand the standards proposed on November 15, 2021, which require reduced emissions...more
On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
The U.S. Environmental Protection Agency (EPA) filed a complaint with the Environmental Appeals Board on March 15, 2022, pursuant to Section 16(a) of the Toxic Substances Control Act (TSCA). According to the complaint, as the...more
The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty. Successive...more
EPA recently issued significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances as a result of their premanufacture notices (PMNs). These rules require affected persons to...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
The U.S. Environmental Protection Agency on June 22, 2020, released the prepublication version of final regulations establishing “significant new use rules” for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical...more
On May 28, 2020, the IRS released proposed regulations under section 45Q (the “Proposed Regulations”) that had been widely anticipated since the expansion of the statute in 2018. The Proposed Regulations, which follow closely...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 25th report titled: EPA Must Improve Oversight of Notice to the Public on Drinking Water Risks to Better...more
The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more
EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more
The Environmental Protection Agency (EPA) has withdrawn its long-delayed proposal to regulate nanotechnology under the Toxic Substances Control Act (TSCA) and submitted a new alternative proposed rule for consideration and...more
It is that time of year again. If your company has certain chemicals in quantities that trigger reporting requirements under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), your annual Tier II...more
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more
As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more