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...

EPA finalizes mountaintop mining guidance for Appalachia

EPA issued final guidance concerning environmental permitting regulations for mountaintop mining in Appalachia, maintaining the strengthened requirements it set out in the earlier interim guidance that was released on April 1, 2010. A summary of the guidance can be found at http://water.epa.gov/lawsregs...

CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose

By Steven M. Siros, Partner, Jenner & Block A Georgia federal district court recently found that CERCLA's "federally required commencement date" preempted a state statute of repose. In In re Camp Lejeune, N.C. Water Contamination Litigation (Free Download), the plaintiffs, who allege...

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...

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

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...

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...

Keller and Heckman: Summary – Chemical Safety Improvement Act of 2013

On May 22, 2013, Senators Frank Lautenberg (D-NJ) and David Vitter (R-LA) announced that they were introducing a bipartisan bill to modernize the 37-year-old Toxic Substances Control Act (TSCA). The Chemical Safety Improvement Act of 2013 (CSIA) would, according to the Drafters, "for the first time...

DTSC Announces Initial Proposed Priority Products List under the Safer Consumer Products Program – The First Green Chemistry Shoe Drops

By AnnMarie Sanford and William J. Walsh On March 13, 2014, the California Department of Toxic Substances Control (DTSC) issued its Initial Proposed Priority Products list under the Safer Consumer Products (SCP) Program. The products are: paint and varnish strippers, and surface cleaners containing...

Vermont Senate Approves Pricey Green Chem Bill, Now in House’s Hands

The Vermont Senate has approved a bill, S. 239 , [ enhanced version available to lexis.com subscribers ], that would allow the state to require extensive, expensive chemical reporting and impose high fees on nearly everyone doing business in the state. All consumer products – not just children’s...

Improper PCB Disposal Leads To $13.75M Fine

By Steven M. Siros . In what constitutes the largest penalty for violations of the Toxic Substances Control Act ("TSCA") at a single site, a titanium product manufacturer agreed to pay $13.75 million to settle the Government's claims relating to the improper disposal of PCBs at a site...