Keller and Heckman LLP: Bipartisan Meetings on The Safe Chemicals Act of 2011

A series of stakeholder meetings on Toxic Substance Control Act (TSCA) (15 U.S.C. § 2601 et seq. ) "reform" began in the Senate on June 21, 2011. Billed as bipartisan stakeholder talks, these meetings may bring us closer to a viable TSCA reform proposal. Senate staff have advised us that...

Keller and Heckman LLP: Japan's New Chemical Reporting Requirements

On April 1, 2011, a new reporting requirement for chemicals came into effect in Japan. This new requirement originated in the 2009 amendment to Japan's chemical control law and requires that companies submit an annual report on chemical substances manufactured or imported into Japan. The first round...

Keller and Heckman LLP: RoHS Recast Final and Official; Implementation Dates Abound

The Official Journal of the European Union has published Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (recast RoHS), following the European Council's formal adoption of the version we reported on earlier this year. As discussed...

Keller and Heckman LLP: Senate Holds Hearing on Safe Chemicals Act of 2011

Judging by a recent hearing, the U.S. Senate Environment and Public Works Committee appears ready to move forward with the Safe Chemicals Act of 2011 (S. 847) (SCA2011) . SCA2011 was introduced by Senator Frank Lautenberg earlier this year in his continued attempts to reform the 35-year old Toxic Substance...

Jenner & Block: U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims

By Gabrielle Sigel, Partner, Jenner & Block The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from the collapse of the World Trade Center buildings...

Supreme Court’s Southern Union Decision Helps Level the Playing Field for Corporations Subject to Criminal Fines

By Bruce Pasfield and Elise Paeffgen, Attorneys, Alston & Bird LLP On June 21, 2012, the Supreme Court in Southern Union Co. v. U.S., 567 U.S. __ (2012) held that the Sixth Amendment right to a jury trial requires juries not judges to decide the facts warranting a fine exceeding a statutory maximum...

Jenner & Block: Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy

By Steven M. Siros, Partner, and Allison Torrence, Associate, Jenner & Block As Hurricane Sandy swept across the Eastern Seaboard, the images of its destructive power were humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental...

Jenner & Block: U.S. Appellate Court Defines Settling Parties' Rights to CERCLA Contribution and Cost Recovery

By Gabrielle Sigel , Partner, Jenner & Block On December 19, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a panel decision that clarifies the law within that Circuit on issues left unresolved after several U.S. Supreme Court's decisions interpreting certain provisions...

Keller and Heckman LLP: Upcoming Deadline for TSCA Polymer Exemption Notification

January 31 is an important upcoming deadline for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption." [1] The one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first manufactured...

Pepper Hamilton: New Liability Protection for Tenants on Brownfield Properties

By Jane C. Luxton, Partner , Pepper Hamilton LLP In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated "brownfield" properties. The new guidance...

Pepper Hamilton: How Are We Doing? The Mercury Story

By William J. Walsh, Of Counsel , Pepper Hamilton LLP The late Ed Koch (former mayor of New York) famously used to ask his constituents "How am I doing?" Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant measure of...

Who literally profits from Proposition 65 litigation?

An interesting two-piece assessment has been published by KQED, the San Francisco PBS radio and television station. They are succinct and informative. Links to the two articles can be found at: http://blogs.kqed.org/science/audio/who-profits-from-proposition-65-part-one/ http://blogs.kqed.org...

Keller and Heckman: U.S. House of Representatives Initiates Series of Hearings to Discuss the Toxic Substances Control Act

On June 13, 2013, the House Environment and the Economy Subcommittee of the Energy and Commerce Committee held a hearing entitled “Title I of the Toxic Substances Control Act: Understanding its History and Reviewing its Impact.” Given the attention the Toxic Substances Control Act (TSCA)...

What is California Up To? – The Initial List of Candidate Toxic Chemicals is Published

The California Safer Consumer Products Regulations (SCPR) took effect on October 1, 2013. http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/Text-of-Final-Safer-Consumer-Products-Regulations-2.pdf The CA Dept of Toxic Substances Control (DTSC) released a list of 150 informational "initial"...

California Enacts Modest Reform to Proposition 65

By Karen F. Lederer and Eric L. Unis On October 5, 2013, California Governor Jerry Brown signed into law a bill amending the state’s notorious Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Prop 65, giving some protection to a few businesses. Prop 65 has long been...

The Mind the Store Initiative — Moving Beyond Existing Regulatory Schemes

The Safer Chemicals/Healthy Families Coalition (which includes Earthjustice, Environmental Defense Fund, Greenpeace, League of Conservation Voters, Natural Resources Defense Council, Sierra Club, US Public Interest Research Group, several environmental justice groups, patient groups, nurses organizations...

No Unanimity As To What New ASTM E1527-13 Standard Requires

Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the subject property has soil...