Keller and Heckman – California's Green Chemistry Initiative/Safer Consumer Products Regulations

Keller.Heckman@placeholder.com (Keller and Heckman LLP) — Tue, 30 Apr 2013 10:03:00 -0400

California Assembly Bill 1879 (Cal. Health and Safety Code sec. 25252, et seq.), an important statutory basis for California's Green Chemistry Initiative, attempts to reduce or eliminate the use of hazardous materials through an all-inclusive approach that considers how hazardous substances can be reduced or eliminated during product design, development, and manufacture; consumer product use; and ultimate product reuse, recycling, and disposal. California's Department of Toxic Substances Control ("DTSC") has taken an important step toward implementation of California's Green Chemistry Initiative with the most recent release of the draft Safer Consumer Products Regulations

Homeowner Environmental Responsibilities For Septic Sewage Systems

VetsteinLawGroup@placeholder.com (Vetstein Law Group, P.C. ) — Mon, 29 Apr 2013 15:25:00 -0400

By Richard D. Vetstein, ESQ

Massachusetts Title V Septic Regulations Frequently Asked Questions (FAQ)

About 1/3rd of all homes in Massachusetts are dependent upon septic systems, rather than municipal sewer. These include some of the toniest Metrowest suburbs from Wayland, Sudbury, Weston, and Hopkinton all the way down the Cape.

While the month of April brings the start of the busy spring real estate market, it also brings thawing of the permafrost, snow and lots of rain - conditions which can wreck havoc with older septic

Jenner & Block: Minnesota Bans Triclosan For State Government

lgrayson@jenner.com (E. Lynn Grayson) — Fri, 08 Mar 2013 17:08:00 -0400

By E. Lynn Grayson, Partner, Jenner & Block

Minnesota is believed to be one of the first state governments to stop buying products containing triclosan, an antibacterial commonly used in soap and cosmetics. Through its combined buying power, the state purchases about $1 million worth of cleaning products a year.

While there is uncertainty about whether triclosan is hazardous to humans, there also is no evidence that hand soaps and/or hand sanitizers containing triclosan are better than regular soap and water at preventing infections. Laboratory studies have found that triclosan may disrupt hormones, interfere with muscle function and promote the growth of stronger bacteria. In addition, there is growing concern suggesting a buildup

Pepper Hamilton: How Are We Doing? The Mercury Story

Wed, 27 Feb 2013 15:28:00 -0400

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 how we are doing for mercury is the level of total mercury in blood (which primarily reflects recent methylmercury levels in blood). The EPA's recently released 2013 Report on Children's Health and the Environment in America concluded that the median concentration

Genetically Modified Food Can Feed The Planet

wruskin@placeholder.com (William A. Ruskin) — Tue, 26 Feb 2013 11:06:00 -0400

By William A. Ruskin

The publication of "Diet for a Small Planet" in 1971 by Francis Moore Lappé was a conscious-raising event for many Americans. The book makes the case that grain-fed meat production is wasteful

Atrazine Settlement Provides Millions to Water Utilities

tjanzenpsrb@gmail.com (Todd Janzen) — Thu, 31 Jan 2013 12:12:00 -0400

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP

A class action lawsuit alleging that the herbicide Atrazine contaminated various Midwestern water supplies has been settled. As part of the settlement

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

Keller.Heckman@placeholder.com (Keller and Heckman LLP) — Fri, 18 Jan 2013 17:47:00 -0400

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

Why the Fuss About Vapor Intrusion When We Have Such a Radon Gas Problem?

Larry@schnapflaw.com (Larry Schnapf) — Wed, 21 Nov 2012 13:59:00 -0400

By Lawrence Schnapf, Principal, Schnapf LLC

Ten years ago this month EPA issued is draft Vapor Intrusion Guidance that altered the approach to site remediation. The guidance was issued following a couple of high profile sites where relatively low concentrations of volatile organic compounds in groundwater had apparently impacted indoor air in a large number of residences. These cases suggested the vapor pathway

Jenner & Block: Navy Shipbuilders Avoid Asbestos Product Liability Claims

ssiros@jenner.com (Steven M. Siros) — Wed, 10 Oct 2012 18:10:00 -0400

By Steven M. Siros, Partner, Jenner & Block

On October 3, 2012, the United States District Court for the Eastern District of Pennsylvania decided two questions of first impression under maritime law: (1) does maritime law recognize the sophisticated user and/or sophisticated purchaser defenses and (2) is a Navy ship a "product" for purposes of strict product

Is GMO Corn Killing Me?

tjanzenpsrb@gmail.com (Todd Janzen) — Mon, 01 Oct 2012 14:47:00 -0400

A recent French study suggests that eating genetically modified corn will produce an increase tumors in mammals. The study, published in the Food and Chemical Toxicology Journal, details the findings of French researchers after feeding Genetically Modified (GMO) corn (maize) and the herbicide Roundup to rats for two years. Rats were divided in various groups, some were fed GMO corn at different levels, some were fed GMO corn and given doses of Roundup, some were only given Roundup, and few were left in the control group. Gilles-Eric Séralini, one of the researches from the University of Caen in France

FDA Announces Ban on BPA in Bottles and Sippy Cups

enviroblog@jenner.com (Jenner & Block Corporate Environmental Lawyer Blog) — Wed, 08 Aug 2012 16:11:00 -0400

By Katherine M. Rahill, Partner, Jenner & Block

On July 17, 2012, the U.S. Food and Drug Administration ("FDA") issued a final rule amending its food additive regulations to ban the use of polycarbonate resins in baby bottles and sippy cups. Bisphenol A ("BPA") is a key component of polycarbonate resins. The ban is in response to a petition by the American Chemistry Council seeking an amendment to food additive regulations to no longer allow for the use of BPA-based resins in these products. FDA's regulations allow for a petitioner to seek an amendment to the food additive rules based on a number of rationales including the development

Another estrogenic substance is identified (BPS, which is related to BPA), and the vector exposes nearly everyone

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Sun, 24 Jun 2012 23:05:00 -0400

Prior posts have noted that BPA (an estrongen mimic) is found not only in certain plastics (about which there is much nashing of teeth), but the main vector may very well be thermal cash register receipts. Well, get ready for its cousin, BPS, and the newest vector, paper money. Holy greenbacks, Batman. (Well, maybe. More below.) Two small investigations in the last 18 months have identified the presence of BPA on the money of the U.S. and 20 other nations. Now researchers report the presence of BPS (bispenol S) on not only many of these currencies, but also on 13 other types of paper products.

Now things get ironic (this is a surprise?). When experiments demonstrated that BPA (an ingredient in plastic foodware and food-contact materials) could function like the body's primary female sex hormone, manufacturers began hunting for less bioactive alternatives. After its search, the largest U.S. maker of thermal-receipt paper switched to BPS from the BPA it had relied upon for its

More Studies are Focusing on the Types of Bacteria that are Part of all Humans

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Tue, 19 Jun 2012 22:18:00 -0400

Prior posts have noted that a) for every 1 human cell there are 10 bacteria in or on our bodies; b) these bacteria are key to the digestion of our food, production of necessary nutrients, and disease prevention; c) the nature of our diet influences the make-up of bacterial colonies in our GI tract; d) the bacterial make-up in our GI tract can have a major influence on disease, especially those that impact adults (e.g., inflammatory processes); and e) eating yogurt can help nearterm with digestion, but does not alter the longterm make-up of bacertia in our GI tract.

Now science is taking a hard look at exactly what is the diversity of the make-up of bacteria on and in humans, and what is the genome of said bacteria. It is a fascinating new world in terms of understanding this incredibly important

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

Larry@schnapflaw.com (Larry Schnapf) — Mon, 18 Jun 2012 14:53:00 -0400

By Lawrence Schnapf, Principal, Schnapf LLC

The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray, 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12), is

Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case

Larry@schnapflaw.com (Larry Schnapf) — Thu, 31 May 2012 13:13:00 -0400

By Lawrence Schnapf, Principal, Schnapf LLC

We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department of Environmental Protection (NDEP) seeking cost recovery under CERCLA. Prior posts have noted that for toxic torts causation is the central focus, and that it is very difficult to prove. Prior posts have also noted that the makeup of the bacteria in one's GI tract can have a major influence on generating inflammation; a healthy diet can modify the makeup of these bacteria and thus decrease inflammation. Inflammation, of course, is important because it has been linked to a number of diseases (e.g., heart disease, high blood pressure, cancer, and depression, among others). Thus, as has been noted in the past, when a plaintiff alleges certain types of physical harm from whatever, looking at inflammation as an alternative explanation (and the various factors adding to inflammation) may provide an alternative explanation.

Research has now found that stress (e.g., "fretting"

Unexpectedly, Prions Can Move Between Species and Target Organs Other Than the Brain

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Sun, 27 May 2012 21:57:00 -0400

A recent post noted that viruses from bush meat can jump from one species to the next, and that as such bush meat poses a major health threat. The mobility of prions has also been underestimated. (For a general description of prions, see Prion.)

Researchers have shown that engineered mice can be infected with prions from cows and goats; additionally, these prions readily target tissues other than the brain. As such, prions may pose a threat of disease to organs other than the brain, the

Hunter-Gatherers Built Shelters Long Before the Rise of Farming

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Sun, 27 May 2012 09:22:00 -0400

It was not that many years ago that the accepted wisdom was that villages, even small ones, were preceded by farming of some sort, if only learning to exploit wild grains. Prior posts have noted the growing evidence that this wisdom is inaccurate. Now, the evidence has grown significantly.

Researchers have found that a couple of nearly 20,000-year-old huts, excavated in a Jordanian desert basin, add to evidence that hunter-gatherers built long-term dwellings 10,000 years before farming villages debuted in the Middle East. It is not unreasonable to speculate that hunter-gathers set up huts and occupied same for long periods of time in locations where there were rivers, lakes, and plentiful game. The remains of six brushwood huts at Israel's Ohalo II site, along the shore of the Sea of Galilee

DNA Predicts Only a Few Disorders

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Sun, 13 May 2012 11:31:00 -0400

Prior posts have noted that gene functioning can be modified by a number of processes, such as methylation. Recently animal tests have found that some of these modifications are passed on to off-spring even though no change is made to the gene itself, only to its expression. Prior posts have also noted, for example, that cancers differ one from other in terms of the number of gene malfunctions that must go wrong for the cancer to progress; some require only a few, some require many. Now researchers have sought to ascertain if genetic differences could predict 24 different disease, including several cancers, heart disease, and Alzheimer's.

The researchers reviewed medical data on 53,666 twin pairs. They did not decipher the twin's genome, but used medical data to develop a formula to predict

Nanopollutants Harm the Functioning of Arterioles

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Sat, 05 May 2012 19:55:00 -0400

Prior posts have noted the adverse health impact of nanoparticles, and that they can cross the so-called blood-brain barrier. Now, animal tests suggest that they affect the function of arterioles, the vessels that connect arteries to capillaries (see Wikipedia- Arteriole).

Researchers exposed rats to airborne titanium dioxide spheres about 100 billionth of a meter across for hour hours on two consecutive days. As noted in prior posts, particles of this size are found in common materials, including sunscreens

Jenner & Block: Business Roundtable Report Calls For Improved Permitting Process

lgrayson@jenner.com (E. Lynn Grayson) — Mon, 30 Apr 2012 19:34:00 -0400

By E. Lynn Grayson, Partner, Jenner & Block

The Business Roundtable (BRT) issued a report this month, Permitting Jobs and Business Investment Streamlining the Federal Permitting Process, highlighting the adverse impacts to business of the often long, inconsistent and burdensome federal permitting process. The CEOs of Business Roundtable believe that it is time to simplify, streamline and accelerate America's permitting process with the goal of encouraging large-scale capital investments in the U.S. economy while maintaining the nation's commitments to health, safety and soundness. With this goal in mind, this report identifies key challenges associated with the existing regulatory permitting system

FDA Rejects BPA Ban

Gail.Eissenstat@alston.com (Alston Bird) — Fri, 13 Apr 2012 19:38:00 -0400

By Elise N. Paeffgen

FDA Rejects Ban on BPA (Bisphenol A) from Food Packaging

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Tue, 10 Apr 2012 17:02:00 -0400

Prior posts have noted the numerous studies involving various animals that have indicated the potential estrongenic effects from exposure to BPA. Prior posts have also noted that the primary vector of exposure is cash register receipts.

In 2008, the NRDC petitioned FDA to remove BPA from food packaging. Because FDA did not respond, in 2010 NRDC sued. The most recent decision (more on that below) stems from the lawsuit.

NRDC has reported that FDA has denied its petition within the last week or so. On March 30, 2012, the FDA posted its response to the petition. See Prior posts have noted the wide range of materials and consumer products in which nanoparticles are used, and also that nanoparticles can cross the so-called blood-brain barrier. New research, using animal models, suggests that such materials may impair blood vessel function.

Researchers exposed rats to airborne titanium dioxide nanoparticles (spheres 100 billionths of a meter across) for four hours on two consecutive days; this material appears in a range of products, including sunscreen and cosmetics. The pollutant doses, though not in a range considered toxic to the rats, were high enough to probe the possible effects of occupational exposures to such engineered materials and nano-pollutants associated with mountaintop mining. Twenty-four hours after the second day's exposure, the researchers

Bush Meat Can Be a Potent Source of Viruses that Cross the Species "Barrier" and Threaten Human Health

tclarke@rmkb.com (Thomas H. Clarke, Jr.) — Tue, 27 Mar 2012 21:45:00 -0400

Prior posts have noted the animal origin of many diseases that adversely impact humans (e.g., measles, chicken pox, H5N1 "bird flu"); a recent devastating example, of course, is HIV. Some of these diseases, like HIV and measles, diverged from their animal progenitor such that they are independently sustained within the human population.

Some wild animal populations are threatened, either locally or as a species, by hunters who acquire them for "bush meat". Such food can be a source of viruses that can cause disease or even initiate a virus that can infect humans in an ongoing basis. Yet, this risk has received little publicity, especially in regions in which such hunting occurs or even in urban areas (both locally and worldwide) in which such meat is sold. This risk is not insubstantial;

Environmental Law & Climate Change Community Public Health and Safety

Keller and Heckman – California's Green Chemistry Initiative/Safer Consumer Products Regulations

Homeowner Environmental Responsibilities For Septic Sewage Systems

Jenner & Block: Minnesota Bans Triclosan For State Government

Pepper Hamilton: How Are We Doing? The Mercury Story

Genetically Modified Food Can Feed The Planet

Atrazine Settlement Provides Millions to Water Utilities

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

Why the Fuss About Vapor Intrusion When We Have Such a Radon Gas Problem?

Jenner & Block: Navy Shipbuilders Avoid Asbestos Product Liability Claims

Is GMO Corn Killing Me?

FDA Announces Ban on BPA in Bottles and Sippy Cups

Another estrogenic substance is identified (BPS, which is related to BPA), and the vector exposes nearly everyone

More Studies are Focusing on the Types of Bacteria that are Part of all Humans

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case

Unexpectedly, Prions Can Move Between Species and Target Organs Other Than the Brain

Hunter-Gatherers Built Shelters Long Before the Rise of Farming

DNA Predicts Only a Few Disorders

Nanopollutants Harm the Functioning of Arterioles

Jenner & Block: Business Roundtable Report Calls For Improved Permitting Process

FDA Rejects BPA Ban

FDA Rejects Ban on BPA (Bisphenol A) from Food Packaging

Bush Meat Can Be a Potent Source of Viruses that Cross the Species "Barrier" and Threaten Human Health