Jul 23, 2021
New TSCA Section 8(d) Rule Adds 50 Chemicals to Reporting Requirements
Section 8(d) of the Toxic Substances Control Act (TSCA) had been effectively a dead provision of TSCA for over a decade.
Industry News
Jul 22, 2021
House passes bill requiring EPA to regulate PFAS contamination
The proposed legislation would demand the EPA to regulate PFOA and PFOS, as well as designate the two compounds as hazardous substances.
Jul 22, 2021
We’re one step closer to comprehensive Federal regulation of PFAS
Yesterday the US House of Representatives passed a bill that would require EPA to regulate PFAS under every Federal environmental law that might possibly apply.
Jul 21, 2021
‘Burden falls on exposed people’ as EPA weighs PFAS rules
Part of a family of chemicals known as PFAS, GenX has been linked to liver and blood problems, as well as certain types of cancer. But EPA, tasked with regulating contaminants in drinking water, has no action planned to immediately crack down on the compound.
Jul 15, 2021
EPA Proposes Retroactive PFAS Reporting
On June 28, 2021, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would require a one-time report from companies that manufactured or imported PFAS in any year since January 1, 2011.
Jul 15, 2021
Will Increased Enforcement Speed Cleanup of Superfund Sites in EJ Communities?
Earlier this month, EPA circulated a memorandum on “Strengthening Environmental Justice Through Cleanup Enforcement Actions.”
Jul 13, 2021
CERCLA – One Potential Landing Spot for Regulation of PFAS
PFAS are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including stain- and water-repellant fabrics, nonstick products, paints, lubricants, cleaning products and...
Jul 12, 2021
CERCLA, also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began oozing into neighboring backyards and basements, contaminating air, soil and water, and...
Jul 07, 2021
While We’re Considering Removing Highways, Let’s Not Overlook Pavement
Across the U.S., cities are proposing to remove inner-city highways. Constructed in the 1950s and 1960s, these massive highways razed low-income, Black communities. They also sacrificed land used for housing, parks, and businesses and led to...
Jul 07, 2021
Risk Managed? New Report Finds Chemical Disaster Risks from Climate Change
Today, the Union of Concerned Scientists, Earthjustice, and the Center for Progressive Reform released a policy brief estimating the risks posed by natural disasters to Risk Management Program (RMP) facilities and the surrounding communities.
Jul 06, 2021
The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater opportunity to weigh in on certain...
Jul 02, 2021
Environmental Justice: A Focus in Criminal EnforcementPrint Print this Article
The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals.
Jun 28, 2021
EPA Announces Plans to Strengthen Environmental Justice Through Criminal Enforcement
The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021, that outlines actions to advance the EPA’s environmental justice goals in criminal enforcement matters.
Jun 15, 2021
EPA to Collect PFAS Manufacturing Data
On June 10, 2021, the U.S. Environmental Protection Agency’s (EPA) announced three actions demonstrating its commitment to help reduce the potential risks to the public from per- and polyfluoroalkyl substances (PFAS).
Jun 15, 2021
Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements
In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises only when the settlement agreement resolves CERCLA-specific liabilities.
Jun 14, 2021
Supplemental Environmental Projects –A Long History and an Uncertain Future
Supplemental environmental projects or “SEPs” are “environmental” projects that a defendant agrees to undertake as part of a negotiated settlement of a federal enforcement action. SEPs have been used as a discretionary vehicle for the government to reduce/affect/mitigate a civil monetary penalty...
Jun 11, 2021
EPA Announces Three PFAS Actions, Including Proposed TSCA Section 8(a) Reporting Rule
The U.S. Environmental Protection Agency (EPA) announced on June 10, 2021, three actions intended to protect communities from per- and polyfluoroalkyl substances (PFAS).
Jun 10, 2021
EPA’s Enhanced Chesapeake Bay Cleanup Could Be National Template
The EPA’s bulked-up efforts to clean up the Chesapeake Bay could serve as a model for water restoration projects in other parts of the country, environmentalists say.
May 27, 2021
On Monday, the U.S. Supreme Court unanimously held that a settlement of CERCLA - specific liability is required to give rise to a contribution action under §113(f)(3)(B).
May 25, 2021
Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims
On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the CERCLA: When can potentially responsible parties bring a cost recovery action under CERCLA §107, and when must they bring a contribution action under CERCLA § 113?