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HTMLEPA to Require Up-Front Substantiation of All Non-Exempt CBI Claims
Thomas C. Berger, Herbert Estreicher, Eric P. Gotting, David G. Sarvadi, Adrienne M. Timmel; Keller and Heckman LLP;
Legal Alert/Article
February 20, 2017, previously published on January 19, 2017
The U.S. Environmental Protection Agency (EPA) has published its first guidance document in the Federal Register interpreting the new substantiation requirements for confidential business information (CBI) claims submitted under section 14 of the Toxic Substances Control Act (TSCA) (15 U.S.C....

 

HTMLLooming Deadline for TSCA "Polymer Exemption" Notification
Thomas C. Berger; Keller and Heckman LLP;
Legal Alert/Article
February 20, 2017, previously published on January 23, 2017
While industry is properly focused on the recent flurry of Toxic Substances Control Act (TSCA) "reform" activities, an important deadline is approaching for companies that manufacture or import polymers under the existing TSCA "polymer exemption." Specifically, the one-time...

 

Adobe PDFVantage Point
Jane Harper-Alport; Morris Polich Purdy LLP;
Legal Alert/Article
February 15, 2017, previously published on January 13, 2017
The prolonged rainfall last August in the southern United States dumped three times as much rain on Louisiana as Hurricane Katrina did, resulting in catastrophic flooding that the American Red Cross called the worst U.S. natural disaster since Hurricane Sandy. In 1900, the chances of a storm like...

 

HTMLEPA Issues Proposal on TSCA Inventory "Reset"
Thomas C. Berger, Herbert Estreicher; Keller and Heckman LLP;
Legal Alert/Article
February 9, 2017, previously published on January 13, 2017
On January 13, 2017, the U.S. Environmental Protection Agency (EPA) published its much anticipated proposed rule to "reset" the Toxic Substances Control Act (TSCA) Chemical Substance Inventory, or more precisely, to subdivide the Inventory into separate lists of "active" and...

 

HTMLBuckle-Up, Uncertainty Paves a Bumpy Road Ahead: Environmental Regulation Under the Trump Administration
Joshua L. Belcher, Samina M. Bharmal, Paul C. Freeman, Damian C. Georgino, Jay Holloway, Susan G. Lafferty, David M. McCullough, James A. Thompson, Ryan R. Weiss, Liz Williamson, Shelley Wong; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 1, 2017, previously published on January 31, 2017
As the first week of the Trump Administration closed and the second is underway, it is increasingly evident that a new era of uncertainty in environmental law and regulation may be underway. Following through on campaign promises, the new administration has already taken steps to pause the grind of...

 

Adobe PDFThe Latest on EPA Regulations for Hazardous Waste Pharmaceuticals And RCRA Problem-Solving Guidance for the Retail Sector
Daniel Flynn; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
January 26, 2017, previously published on January 2017
At the beginning of 2016, the Environmental Protection Agency (EPA) appeared on track to accomplish three tasks intended to address problems faced by the retail sector in complying with hazardous waste regulations under the Resource, Conservation and Recovery Act (RCRA). But as a new year and a...

 

Adobe PDFProceed with Caution: New RCRA Hazardous Waste Generator Improvements Rule Brings More Than a Reorganization of Existing Requirements
Daniel Flynn; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
January 23, 2017, previously published on January 2017
The Environmental Protection Agency (EPA) recently published the final Hazardous Waste Generator Improvements Rule, which amends hazardous waste regulations under the Resource, Conservation and Recovery Act (RCRA). The final version, published in November 2016, is largely the same as the version...

 

Adobe PDFEPA Says "No" to Fracking
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
January 18, 2017, previously published on December 21, 2016
To state the obvious—fracking is controversial. Many allegations concerning its impact on drinking water supplies have been made and through it all the Environmental Protection Agency (EPA) did not issue any thorough analysis upon which it would use to anchor its opinion.

 

Adobe PDFEPA Initiates Development Processes for TSCA Amendments
Douglas G. Haynam; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 18, 2017, previously published on December 2016
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This legislation amended the Toxic Substances Control Act of 1976 (TSCA) for the first time since its original enactment and was designed to implement major changes and improvements...

 

Adobe PDFAppellate Court Considers CEQA Compliance a Slam Dunk
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
January 18, 2017, previously published on December 21, 2016
In 1990, the City and County of San Francisco adopted the Mission Bay plan for commercial and residential development in the Mission Bay area. A final environmental impact report was certified in connection with approval of the Mission Bay plan (1990 FEIR). In 1997, a new development plan was...

 


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