Environmental & Safety Law Update

Category Archives: Environmental Compliance

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Big Changes Coming – EPA Publishes its Hazardous Waste Generator Improvements Rule

Posted in Environmental Compliance, RCRA

By Jeryl L. Olson, Andrew H. Perellis, Kay R. Bonza, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will be publishing a series of blogs on the … Continue Reading

What Now? U.S. Environmental Protection Agency Post-Election Outlook

Posted in Administrative Procedure Act, Climate Change, Environmental Compliance, Environmental Enforcement

By Andrew H. Perellis, Kay R. Bonza, and Patrick D. Joyce

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business friendly agenda, it is also likely to abandon many of the previous … Continue Reading

OSHA Weighs In on EPA Proposed Rule Governing the Use of New Chemical Substances

Posted in Environmental Compliance, OSHA Compliance, TSCA

By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to reconcile EPA requirements with OSHA and NIOSH requirements.

Dr. David Michaels, the Assistant Secretary of Labor … Continue Reading

U.S. Army Corps of Engineers Issues Regulatory Guidance Letter on Approved Jurisdictional Determinations

Posted in CWA, Environmental Compliance

By Jeryl L. Olson

Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional Determinations.

On November 1, the U.S. Army Corps of Engineers (USACE) issued a Regulatory Guidance Letter (No. 16-01, October 2016) (RGL) which provides to property … Continue Reading

EPA’s New Strategy for Addressing the Retail Sector under RCRA

Posted in Environmental Compliance, Retail

By Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: EPA publishes new Retail Strategy in an attempt to address the unique challenges the retail sector faces in complying with RCRA’s hazardous waste regulations.

The regulation of hazardous waste in stores, warehouses and during reverse logistics processes in the retail sector has been fraught … Continue Reading

Retail Detail: California Adopts New Regulations For Warnings Under Proposition 65: CAVEAT VENDITOR (Sellers Beware)

Posted in California, Environmental Compliance, Retail

By Jay W. Connolly and Aaron Belzer

Seyfarth Synopsis: New California regulations provide more specific guidance on the content of Prop 65 “safe harbor” warnings, and on the corresponding methods for providing such warnings.

Come August 30, 2018, consumer products to be released into the California marketplace must meet new regulations under California’s infamous Proposition 65. On August 30, 2016, … Continue Reading

New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental Laws as Well as the Potential for Blacklisting

Posted in China, Environmental Compliance, Investigations/Inspections, White Collar

By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors.

We have previously written … Continue Reading

Energy Insights: An Update from the First Quarter of 2016

Posted in Alternative Energy, CAA, Environmental Compliance, Greenhouse Gas, Renewable Energy

By Robert S. Winner, Andrew L. Berg, and Ashley M. Hymel

Seyfarth Synopsis: In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q1 2016 for the energy industry including 1) the fate of the Clean Power Plan and potential impact on U.S. compliance with the Paris Agreement, … Continue Reading

FTC Asks – Are Your “All Natural” Claims All Accurate?

Posted in Environmental Compliance, Green Marketing, Sustainability

By Andrew H. Perellis and Craig B. Simonsen

Seyfarth Synopsis: Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement.

The Federal Trade Commission announced five cases this week with companies that market their products as “all natural” or “100% natural,” alleging deceptive use of those phrases in ads for skincare products, shampoos, styling … Continue Reading