Environmental & Safety Law Update

Category Archives: Environmental Compliance

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Business Interests in China? State Council Issues Guidelines for Pilot Emissions Trading Program

Posted in CAA, China, CWA, Environmental Compliance

By Wan Li and Craig B. Simonsen

The State Council recently announced new Guidelines for pilot programs for trading emissions permits to reduce air and water pollution.

Key pollutants to be traded under the pilot programs include sulfur dioxide and nitrogen oxide in the air, and chemical oxygen demand and ammonia nitrogen in wastewater. Speaking of these pollutants, Huang Xiaozeng, … Continue Reading

EPA Inspector General Finds Issues with EPA’s “Design for the Environment” Program

Posted in Chemical Safety, Environmental Compliance, Sustainability

By Ilana R. Morady and Craig B. Simonsen

The U.S. Environmental Protection Agency’s Office of Inspector General has just released a report on an evaluation of the EPA’s “Design for the Environment” (DfE) Program. At A Glance, No. 14-P-0349 (September 9, 2014). The Inspector General found flaws in the current DfE logo, including that it improperly implied an EPA … Continue Reading

Scientific Workshop on PCBs and Their Impacts

Posted in Chemical Safety, Environmental Compliance

The Illinois Sustainable Technology Center will present a scientific workshop on “PCBs and Their Impact on Illinois,” at the University of Illinois, Chicago, Student Center East, in Chicago, Illinois, on September 17, 2014.

The Center notes that PCBs (polychlorinated biphenyls) “are a class of synthetic chemicals widely used in industry as a coolant and electrical insulator. Their use … Continue Reading

Unsubstantiated Product Claims Bring Substantial Civil Penalties

Posted in Environmental Compliance, Environmental Enforcement, Green Marketing, Product Liability

By Philip L. Comella and Craig B. Simonsen

The U.S. Environmental Protection Agency recently ordered an orthotic shoe insert manufacturer to pay over $210,000 in civil penalties for making “unsubstantiated antimicrobial claims” about their orthotic shoe inserts – resulting in the sale and distribution of an unregistered pesticide, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 

This … Continue Reading

EPA Request for Information on Clean Air Act Accidental Release Prevention Program

Posted in CAA, Chemical Safety, Emergency Planning, Environmental Compliance

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in … Continue Reading

Energy Industry Group Notifies EPA Proposed Rules for Existing Electric Generating Units Fail to Make the Grade

Posted in Alternative Energy, CAA, Environmental Compliance

By Jeryl L. Olson and Craig B. Simonsen

In a letter this week to Administrator Gina McCarthy, the Partnership for a Better Energy Future, a coalition of business organizations provides initial feedback to the U.S. Environmental Protection Agency on its proposed carbon emissions regulations for existing electric generating units.

The National Association of Manufacturers serves as co-chair of the … Continue Reading

Energy Insights: An Update from the Second Quarter of 2014

Posted in Alternative Energy, Environmental Compliance, Environmental Litigation

By Robert J. Carty, Jr., Dennis A. Clifford, Philip L. Comella, A. Donald Lepore III, Esteban Shardonofsky, Clark Smith

We have just published Seyfarth Shaw’s Energy Insights Newsletter, prepared by the Energy and Clean Technologies team. It covers important developments in the second quarter of 2014 for the energy industry, including: 1) the Department … Continue Reading

EPA Proposes Updated Methane Limits for New Municipal Landfills and Requests Comment on Whether and How to Update Emissions Guidelines for Existing Landfills

Posted in CAA, Environmental Compliance, Landfill Gas, RCRA

By Patrick D. Joyce

The U.S. Environmental Protection Agency (EPA) today released a proposed rule that would update air standards for new municipal solid waste  landfills (landfills). 79 Fed. Reg. 41796 (July 17, 2014).

The Whitehouse had, earlier this year, issued an update to President Obama’s Climate Action Plan “Strategy to Reduce Methane Emissions.” The update specified that in the … Continue Reading

EPA, OSHA, and DHS are Collaborating on Chemical Facility Safety and Security

Posted in Catastrophe Response, Chemical Safety, Emergency Planning, Environmental Compliance, OSHA Compliance

By James L. Curtis and Craig B. Simonsen

Representatives from the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Homeland Security spoke today at the Air and Waste Management Association’s Annual Conference, on their  collaboration on chemical facility safety and security.

The conference session speakers included Mathy Stanislaus, EPA’s Office of Solid Waste … Continue Reading

McCabe Addresses Supreme Court Decision and Other Topics – EPA is “Very Pleased”

Posted in CAA, Carbon Sequestration, Environmental Compliance

By Craig B. Simonsen

Janet McCabe, Acting Assistant Administrator, U.S. Environmental Protection Agency, discussed yesterday’s Supreme Court opinion, and other topics, while speaking before the Air and Waste Management’s Association’s Annual Conference today.

The Supreme Court

The Supreme Court yesterday ruled, in-part, that “EPA lacked authority to ‘tailor’ the Clean Air Act’s unambiguous numerical thresholds of 100 or 250 … Continue Reading