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HTMLFERC Gives Final Clean Air Act Approval for Freeport LNG Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 22, 2014, previously published on September 15, 2014
Pursuant to the National Environmental Policy Act of 1969 and the Clean Air Act, FERC Staff has prepared a final General Conformity Determination (GCD) for the Freeport LNG export terminal project near Quintana Island, Brazoria County, Texas. The purpose of the GCD is to ensure that the project...

 

HTMLSenator Boxer Releases Confidential TSCA Reform Proposal
Thomas C. Berger, Herbert Estreicher, Martha E. Marrapese, Adrienne M. Timmel; Keller and Heckman LLP;
Legal Alert/Article
September 22, 2014, previously published on September 19, 2014
U.S. Senator Barbara Boxer (D-CA) has publicly released her proposed amendments to a confidential proposal that Senators David Vitter (R-LA) and Thomas Udall (D-NM) have been working on for over a year to build bipartisan support for passage of TSCA reform. Senator Boxer, who chairs the Senate...

 

HTMLSpray Drift and Volatilization: Issues to Navigate Carefully as EPA Develops Registration Review Decisions
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
Spray drift and volatilization issues increasingly are significant issues in pesticide product risk assessments. Earlier this year, the U.S. Environmental Protection Agency (EPA) issued drafts of key guidance documents, which focused on issues that were key in the chlorpyrifos petition response,...

 

HTMLIt’s About Fracking Time ... Illinois Department of Natural Resources Releases Revised Proposed Fracking Rules
David M. Bays; HeplerBroom LLC;
Legal Alert/Article
September 19, 2014, previously published on September 11, 2014
It has been over a year since Illinois took the first step towards regulated high-volume hydraulic fracking by passing the Illinois Hydraulic Fracturing Regulatory Act225 ILCS 732/1-1 et seq. Under the Act, high-volume, horizontal hydraulic fracturing operations require a permit. But a permit...

 

HTMLDTSC Releases Draft Initial Priority Product Work Plan
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under the Safer Consumer Products Regulations. The Regulations require that DTSC, by October 2014, develop an Initial Priority Product Work Plan...

 

HTMLEPA Releases Final Risk Assessments for Three TSCA Work Plan Chemicals
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
The U.S. Environmental Protection Agency (EPA) released on August 28, 2014, final risk assessments for three Toxic Substances Control Act (TSCA) Work Plan chemicals -- methylene chloride or dichloromethane (DCM), antimony trioxide (ATO), and...

 

HTMLCanada Publishes Proposed Hazardous Products Regulation
Bergeson Campbell P.C.;
Legal Alert/Article
September 19, 2014
On August 9, 2014, the Government of Canada published in Gazette I (Vol. 148, no. 32) a proposal for adopting the Globally Harmonized System for Classification and Labeling of Chemicals (GHS). The regulatory proposal seeks to align current systems for classification, material safety data sheets...

 

HTMLTexas Supreme Court Raises the Evidentiary Bar for Damages in Environmental Contamination Cases
Sarah E. Reynolds, Mark R. Ter Molen; Mayer Brown LLP;
Legal Alert/Article
September 19, 2014, previously published on September 15, 2014
In a recent decision involving damages for environmental contamination, the Texas Supreme Court reversed a jury award because the plaintiff failed to meet the high standard for establishing loss of market value, and the even higher standard for “stigma” damages associated with...

 

HTMLIndiana Ethanol Plants Escape Stricter Standards
Krista Gumbiner; Taft Stettinius Hollister LLP;
Legal Alert/Article
September 19, 2014, previously published on September 16, 2014
On Sept. 2, 2014, the Indiana Supreme Court affirmed a trial court’s decision that the Indiana Department of Environmental Management (“IDEM”) did not violate Indiana’s State Implementation Plan (“SIP”) by excluding fuel ethanol plants from the “chemical...

 

HTMLWhat Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?
Herbert Estreicher, Eric P. Gotting, Martha E. Marrapese; Keller and Heckman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 16, 2014
The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies should be required to reassert or...

 


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