News & Analysis as of

Toxic Substances Control Act (TSCA) Environmental Violations

Cozen O'Connor

Maryland’s Lawsuit Adds to Growing Wave of PFAS Litigation

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Maryland AG Anthony Brown has filed a lawsuit against W.L. Gore & Associates, Inc. (Gore) alleging violations of state and federal consumer and environmental protection laws stemming from contamination caused by per- and...more

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

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more

Oberheiden P.C.

10 Tips for Handling an EPA Environmental Audit

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) expects companies to self-police their environmental compliance efforts. While the EPA regularly conducts inspections focused on assessing environmental compliance, it also...more

Seyfarth Shaw LLP

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

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Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more

Goldberg Segalla

Environmental and Transportation Regulation Violators Should Expect to Pay More in Civil Penalties in 2024

Goldberg Segalla on

Both the Department of Transportation and Environmental Protection Agency finished 2023 by issuing new rules that increase the maximum civil penalties for violating certain regulations. For the EPA, those regulations include...more

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

Air/FIFRA/TSCA Enforcement: United States Department of Justice Complaint Filed in Federal Court Against eBay, Inc. for Alleged...

The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

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On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

Pillsbury Winthrop Shaw Pittman LLP

Regulatory Overview on PFAS in the United States

PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more

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

Lead Renovation, Repair and Painting Rule: U.S. Environmental Protection Agency and Texas Flip N Move (EQ Media, Inc.) Enter into...

The United States Environmental Protection Agency (“EPA”) and Flip N Move Productions and EQ Media, Inc. (collectively “Flip N Move”) entered into a February 3rd Consent Agreement and Final Order (“CAFO”) addressing alleged...more

Troutman Pepper Locke

EPA Publishes Annual Inflation Adjustments to Civil Penalty Amounts

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On December 23, the U.S. Environmental Protection Agency (EPA) published its annual civil monetary penalty adjustments in the Federal Register. The Federal Civil Penalties Inflation Adjustment Act of 2015 requires federal...more

Wiley Rein LLP

EPA Raises Maximum Civil Penalties Under Every Major Environmental Statute

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On December 23, the U.S. Environmental Protection Agency (EPA) promulgated a Final Rule increasing the maximum statutory civil penalties for violations of major environmental statutes, including the Federal Insecticide,...more

Fox Rothschild LLP

Important Amendments To TSCA Chemical Data Reporting Rule And New Reporting Deadline

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The EPA recently amended the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule, including revisions to reporting requirements, definition updates and an extension of the 2020 CDR submission period. The...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

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

Criminal Enforcement/Lead Based Paint Rules: U.S. Department of Justice Announced Sentencing of Washington, D.C., Individual for...

The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more

Latham & Watkins LLP

D.C. Circuit: No FCA Liability for Unassessed Regulatory Penalties

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Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations. The United States Court of Appeals for the D.C. Circuit issued a decision in United...more

Jones Day

D.C. Circuit Rejects Novel Theory of Reverse False Claims Liability for Reporting Violations

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The Situation: In U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corporation, the relator alleged reverse false claims liability under the False Claims Act ("FCA") for the defendants' purported failure to comply with...more

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

PCB Enforcement: U.S. Environmental Protection Agency and Trenton, Tennessee, Light and Water Department Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and the Trenton Light and Water Department (“TLW”) entered into a June 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain federal...more

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

U.S. Environmental Protection Agency Office of Inspector General Project Notification: Evaluation of Importers' and Manufacturers'...

The United States Environmental Protection Agency (“EPA”) has issued an August 22nd Project Notification titled: Evaluation of Importers’ and Manufacturers’ Chemical Data Reporting Under the Toxic Substance Control Act. ...more

McDermott Will & Emery

EPA Raises Statutory Civil Monetary Penalty Amounts

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On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which...more

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