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Significant Variability Found in Toxics in Packaging Compliance Verification Testing

The Toxics in Packaging Clearinghouse (TPCH)[1] released a report on July 21, 2011, that identifies significant variability in laboratory testing for total heavy metals under state "toxics in packaging" laws. The TPCH, which was formed 20 years ago to support model toxics in packaging legislation...

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: EPA Proposes Amendments to Emergency Planning and Community Right-to-Know Act

The U.S. Environmental Protection Agency (EPA) has proposed to amend the Tier I and Tier II Inventory Forms required under section 312 of the Emergency Planning and Community Right-to Know Act (EPCRA), 42 U.S.C. § 11022 .[1] EPCRA § 312 requires the owner or operator of a facility who is required...

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...

Keller and Heckman LLP – Product Contamination Insurance: South Dakota District Court Finds Ambiguity in Policy's "May Likely" Language

Hot Stuff Foods v. Houston Casualty Co., 2012 U.S. Dist. LEXIS 92900 (D.S.D. July 5, 2012) , a recent decision out of federal court in South Dakota, highlights the importance of the "trigger" language in these types of product recall policies. At issue in the case was how to interpret the policy's...

Keller and Heckman LLP Environmental Business Alert: Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program

Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program On August 13, 2012, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued its opinion upholding the Texas Flexible Permit Program. For now, the decision in Texas v. U.S. Environmental Protection Agency (EPA), settles...

Keller and Heckman LLP – California Federal District Court Opinion Clarifies Scope of Coverage of Product Contamination Insurance Policies

In Ruiz Food Products Inc. v. Catlin Underwriting U.S. Inc. , No. 11-889, 2012 U.S. Dist. LEXIS 131031 (E.D. Cal, Sept. 13, 2012.) , the U.S. District Court for the Eastern District of California opined that Product Contamination Insurance (PCI) policies do not limit coverage to manufacturing occurring...

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...