Recent Posts

What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?
Posted on 29 Dec 2014 by Keller and Heckman LLP

The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies... Read More

U.S. EPA 2013 TRI Preliminary Dataset Now Available
Posted on 25 Aug 2014 by Jenner & Block Corporate Environmental Lawyer

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms... Read More

Denmark Nano Product Register Reporting Requirement
Posted on 9 Sep 2014 by Keller and Heckman LLP

The Danish Order on a register of mixtures and articles that contain nanomaterials as well as the requirement for producers and importers to report to the register entered into force on June 18, 2014. It establishes a Nano Product Register of mixtures... Read More

Environmental Appeals Board Decision in the Elementis Case: What It Means For The "Continuing Violation" Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For "Corroborative Information"
Posted on 22 Jul 2015 by Keller and Heckman LLP

On March 13, 2015, the Environmental Appeals Board (EAB) overturned a controversial decision issued by an Administrative Law Judge (ALJ) in 2013. The ALJ held that Elementis Chromium (Elementis) failed to report to the U.S. Environmental Protecting Agency... Read More

US EPA Toxic Release Inventory 2015 Changes
Posted on 20 May 2015 by Steptoe & Johnson PLLC

There are a number of changes for the Toxic Release Inventory (TRI) report due on July 1, 2015 (RY 2014). New Chemical added to the list In the final rule published on November 7, 2013 (78 FR 66848), [ enhanced version available to lexis.com subscribers... Read More

Summary of EPA's Proposed Rule for Nanoscale Substances
Posted on 21 May 2015 by Keller and Heckman LLP

EPA’s Proposed TSCA Rule for Information Collection on Chemical Substances When Manufactured or Processed at the Nanoscale Deadline for comment: July 6, 2015 Statutory authority: Section 8(a) of TSCA, 40 C.F.R. Part 704 Overview •... Read More

Safer Chemicals: Protecting Employees and the Earth at the Same Time
Posted on 11 May 2015 by Jenner & Block Corporate Environmental Lawyer

By Andi S. Kenney Chemicals, natural and synthetic, are all around us. We can’t live life without them--and we wouldn’t want to. But some chemicals are toxic to humans and the flora and fauna with which we share the earth. Replacing... Read More

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule
Posted on 5 Mar 2015 by Keller and Heckman LLP

Under section 5(a)(1)(B) of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq .), [ enhanced version available to lexis.com subscribers ], the U.S. Environmental Protection Agency (EPA) has the authority to require any person who intends... Read More

TSCA Reform Dead for 2014?
Posted on 14 Oct 2014 by Steven M. Siros

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked... Read More

DEHP and its Endocrine Effects on the Environment
Posted on 6 May 2015 by Keller and Heckman LLP

The Legal Implications of the Phthalate’s Recently Amended Candidate List Entry By Herb Estreicher, Partner, Keller and Heckman LLP On 17 December 2014, Echa amended the entry for Bis (2-ethylhexyl)phthalate (DEHP) on the candidate list... Read More

Environmental Groups Sue Over Applicability of TRI Data
Posted on 9 Mar 2015 by E. Lynn Grayson

By E. Lynn Grayson A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory... Read More

Tags: release , oil , extraction , toxic , gas , EPA

TSCA Reform 2015: A Tale of Two Bills
Posted on 12 May 2015 by Keller and Heckman LLP

On March 10, 2015, Senators Tom Udall (D-NM), David Vitter (R-LA), and a coalition of 15 additional Democratic and Republican Senators, introduced the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), [ enhanced version... Read More

California’s Green Chemistry Initiative: “Work Plan” Basics and the 7 Product Categories – 3 Action Steps
Posted on 11 Nov 2014 by DLA Piper

By George Gigounas and Rachael E. Yourtz California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work... Read More

FDA Rejects Ban on BPA (Bisphenol A) from Food Packaging
Posted on 10 Apr 2012 by Thomas H. Clarke, Jr.

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... Read More