LexisNexis® Legal Newsroom
EPA proposes new hazardous waste recycling regulations to address environmental justice concerns

EPA is has released for public comment its draft expanded environmental justice analysis of the 2008 definition of solid waste. The draft evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as...

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure

Prior posts have noted that the key to toxic torts is causation. Prior posts have also noted some potential alternative factors that should be considered when various types of harm are alleged that supposedly result from a toxic tort. Now, obesity may be a factor in impaired memory and concentration...

New MOU For EPA And DoD

By E. Lynn Grayson, Partner, Jenner & Block EPA and DoD have entered into a new Memorandum of Understanding (MOU) to advance the use of innovative technologies and their mutual interests in sustainability. This MOU is entered into between EPA through its Office of Research and Development, and...

Ongoing exposure of numerous individuals to wind blown toxic materials comes within "mass action" exception to removal pursuant to the Class Action Fairness Act

In Abraham v. St. Croix Renaissance Group , 2013 U.S. App. LEXIS 9899 (3rd Cir. 2013), Defendant sought to remove the case pursuant to Class Action Fairness Act ("CAFE"). Plaintiffs (459 in number) alleged that defendant purchased the site at issue (a former alumina refinery operation) knowing...

U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations

U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis of the risks posed by vapor intrusion. The withdrawal occurred after the proposed rule had...

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

By Glenn A. Harris The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion, [ enhanced version available to lexis.com subscribers ], related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et...

Significant Change to EPA’s 'All Appropriate Inquiry' Rule

Performing a Phase I environmental site assessment has long been a routine, but integral part of the environmental due diligence in any transaction involving the acquisition of an interest in commercial and industrial real property. Perhaps the most important aspect of performing a Phase I is the information...

DOD Finalizes Amendments to DFARS Regarding the Storage, Treatment, and Disposal of Non-DOD Toxic and Hazardous Materials on DOD Sites

The Department of Defense (DOD) has published a final rule that amends Defense Federal Acquisition Regulation Supplement (DFARS) subpart 223.71 to better align the DFARS with the current provisions set forth in 10 U.S.C. 2692, [ enhanced version available to lexis.com subscribers ], concerning storage...

EPA Issues Final Rulemaking for Coal Combustion Residuals

The U.S. Environmental Protection Agency (EPA) has issued an advance notice of a final rulemaking that will regulate coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rulemaking will apply to CCR generated by coal-fired power plants...

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries

The U.S. Environmental Protection Agency (EPA) recently revised its rules governing the recycling of spent materials, listed hazardous sludge and listed by-products associated with the Resource Conservation and Recovery Act (RCRA) definition of solid waste (DSW). See 80 Fed. Reg. 1694-1814 (Jan. 13,...

E-Waste Settlement Nets State of California $51.8 Million

By Steven M. Siros AT&T agreed to pay $51.8 million to resolve allegations that it improperly disposed of hazardous electronic waste at its facilities in California. In one of the first enforcement actions of its kind in California, AT&T has agreed to expend $28 million over the next five...

New EPA Rule Regulates Coal Ash As Non-Hazardous

By E. Lynn Grayson The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under the nonhazardous waste provisions of RCRA. In developing...

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments

In a move that will have a substantial impact on future obligations of supermarkets, drug stores and “big box” retailers in New York State, the New York Department of Environmental Conservation (DEC) recently announced that it would begin to require strict compliance with the hazardous waste...

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule

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 to manufacture, import, or process any chemical...

California Seeks to Amend Proposition 65

By Steven M. Siros , Partner, Jenner & Block On January 12, 2015, California's Office of Environmental Health Hazard Assessment ("OEHHA") proposed modifications to California's controversial Proposition 65 regulations. As any company that does business in California should...

The 2014 California Environmental Legislative Recap: An Election Year Drought

By Mr. Gary A. Lucks Get the latest expert analysis on California's new environmental and land use laws. This article summarizes legislation passed during the 2014-2015 California Legislative Session, including bills addressing water supply, hazardous waste, solid waste, cimate change, air...

EPA E-Manifest Implementation Update

By E. Lynn Grayson On October 5, 2012, President Obama signed into law the Hazardous Waste Electronic Manifest Establishment Act (PDF) , which authorizes the EPA to implement a national electronic manifest system. Commonly referred to as "e-Manifest," this national system is envisioned...

Regulation of Chemicals in Consumer Products on the Rise

In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept, particularly on the federal level, the proliferation of state regulation creates...

DOT, FRA, PHMSA Take Additional Steps to Improve Rail Hazmat Safety

By Genevieve J. Essig , Associate, Jenner & Block The U.S. Department of Transportation (DOT), along with the Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), recently took additional steps in their action plan to improve safety with respect...

Can and Should Greenhouse Gases be Regulated as Hazardous Air Pollutants under CAA § 112?

The Sabin Center has published a student paper by Mark Bond* which examines the legal and practical consequences of regulating greenhouse gas emissions as hazardous air pollutants under §112 of the Clean Air Act. To download the full paper, click here . This paper poses three questions: 1...

South Carolina Court Limits CERCLA Remedies

By Jessica J.O. King The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42 U.S.C.A. §9601 to 9675...

Purchaser Of Contaminated Site Loses Case Against Own Lawyer

I continue to be surprised by how many people knowingly purchase a contaminated site, and regret it afterwards. Buy in haste, repent at leisure? Sometimes the purchaser of a contaminated site is merely unlucky, or suffers from a change of rules or approach by government regulators; sometimes I see...

Generators Need to be Vigilant About TCLP Sampling Protocol

By A. Keith "Kip" McAlister, Jr. The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous wastes in landfills. 55 Fed...

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

By Ryan W. Trail EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the last two issues of this newsletter, we discussed frequently...

International Chemicals Management Meeting

In 2002, at the World Summit on Sustainable Development , the international community adopted an ambitious target for world wide sound management of chemicals and hazardous wastes by 2020: that chemicals are used and produced in ways that lead to the minimization of significant adverse effects...