Environmental & Safety Law Update

Category Archives: Environmental Compliance

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Impact of California Appellate Decision on Proposition 65 Actions Unclear

Posted in California, Chemical Safety, Environmental Compliance

By Jay W. Connolly, Aaron Belzer, and Jared L. Palmer

On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et al., No. A139821, 2015 WL 1212155 (Cal. Ct. App. Mar. 17, 2015) (“ELF … Continue Reading

EPA’s Draft Environmental Justice 2020 Action Agenda

Posted in Environmental Compliance

By Meagan Newman and Craig B. Simonsen

The U.S. Environmental Protection Agency is seeking “input” on its Draft Environmental Justice (EJ) 2020 Action Agenda framework (EJ 2020).

EPA expects that the EJ 2020 will advance environmental justice through EPA programs, policies, and activities, and it is intended to support cross-agency strategy for environmental justice in environmentally overburdened, underserved, and economically … Continue Reading

President Obama Takes Steps to Implement Climate Change Rules

Posted in Carbon Sequestration, Climate Change, Environmental Compliance, Green Marketing, Greenhouse Gas

By Andrew H. Perellis and Craig B. Simonsen

President Obama this week has announced various steps and actions in order to build on his “Climate Action Plan” intended to reduce the “dangerous levels” of carbon pollution that are allegedly contributing to climate change. His intention is to prepare communities for the impacts “that cannot be avoided,” and to … Continue Reading

EPA Significant New Use Rule for Pentane… Chemical Requires Impervious Gloves

Posted in Chemical Safety, Environmental Compliance, TSCA

By Andrew H. Perellis and Craig B. Simonsen

EPA published today a Significant New Use Rule (SNUR) for Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy) (Pentane SNUR) under the Toxic Substances Control Act (TSCA), 15 U.S. Code Chapter 53.

The rule was adopted in response to the pre-manufacture notice PMN P–07–204, for the chemical identified as CAS No. 870778–34–0. Potentially affected entities under the … Continue Reading

Warning! Retailers’ Environmental Enforcement Initiative in New York

Posted in Environmental Compliance, New York, RCRA

By Jeryl L. Olson and Patrick D. Joyce

Our retail clients with stores and warehouse facilities in the State of New York are warned that the State of New York Department of Environmental Conservation (NYDEC) has announced that it will begin enforcing regulations relating to hazardous waste against big boxes, supermarkets, pharmacies and other retailers which generate waste materials containing … Continue Reading

EPA is Improving Public Access to (YOUR) Environmental Inspection and Compliance Data

Posted in Environmental Compliance, Investigations/Inspections

By Andrew H. Perellis and Craig B. Simonsen

Marion Herz, the Chief of Staff for EPA’s Office of Compliance, just blogged that EPA has launched a new compliance website to “make it easier to stay informed about our work and to share tools that can help companies and others follow the law.”

Herz notes that the Enforcement and Compliance History Continue Reading

Remanufacturing Exclusion for Solvents Under New Definition of Solid Waste Rules

Posted in Environmental Compliance, RCRA

By Jeryl L. Olson

In follow-up to our blog earlier this week on the EPA’s January 13, 2015 new Final Rule on the Definition of Solid Waste (DSW rule), this is to discuss the new “remanufacturing exclusion” as it relates to certain solvents under 40 CFR § 261.4(a)(27).

The  § 261.4(a)(27) exclusion is specifically addressed at certain “higher value solvents” … Continue Reading

EPA Plan for Methane Controls In Oil and Gas Industry

Posted in Alternative Energy, CAA, Climate Change, Environmental Compliance

By Philip L. Comella and Craig B. Simonsen

In another move to implement the President’s Climate Action Plan, the Obama Administration today announced a new goal to cut methane emissions from the oil and gas sector by 40 to 45 percent from 2012 levels by 2025.

According to EPA, methane emissions accounted for nearly ten percent of U.S. greenhouse … Continue Reading

EPA Publishes Massive Final Definition of Solid Waste Rule

Posted in Environmental Compliance, RCRA

By Philip L. Comella, Patrick D. Joyce, and Craig B. Simonsen

The U.S. Environmental Protection Agency’s struggle to distinguish between a waste and a recyclable material, dating back to its original May 19, 1980 rulemaking under the Resource Conservation and Recovery Act, takes its latest turn in the now-final Definition of Solid Waste rule (DSW rule), signed by … Continue Reading

Illinois Rules on “High Volume Horizontal Hydraulic Fracturing” Become Law

Posted in Alternative Energy, Environmental Compliance

By Philip L. Comella, Patrick D. Joyce, and Craig B. Simonsen

The Illinois Department of Natural Resources’ proposed rules on “High Volume Horizontal Hydraulic Fracturing” were recently approved, and will soon be published in the Illinois Register.

Bloomberg BNA reported that the Illinois’ Joint Commission for Administrative Rules (JCAR), approved the DNR rules implementing the Part Continue Reading