Emerging Issues Archives

Category: Emerging Issues

January 28, 2021 • Emerging Issues, EPA

Are SEPs Dead? Outgoing DOJ Strengthens Prohibition on SEPs as Mitigating Remedies

During the final days of the Trump administration, the U.S. Department of Justice’s Environment and Natural Resources Division (ENRD), which represents the Environmental Protection Agency (EPA) in environmental enforcement actions, issued a memorandum that summarizes new polices relating to Supplemental Environmental Projects (SEPs). SEPs are environmentally beneficial projects that settling parties had previously been allowed … Continued

January 21, 2021 • Emerging Issues, Legislation

Hawaii’s Ban on Oxybenzone and Octinoxate-Containing Sunscreen Takes Effect

Hawaii’s sunscreen ban has officially taken effect. In May 2018, Hawaii became the first state in the nation to ban the sale of over-the-counter sunscreens containing oxybenzone and octinoxate. The law went into effect on January 1, 2021, with the goal of preserving Hawaii’s marine ecosystems. According to the language of the bill, Hawaii’s legislature … Continued

December 17, 2020 • Emerging Issues, Water Contamination

NRD Alert: New Study Links 6PPD Tire Additive Transformation Product to the Death of Coho Salmon in the Puget Sound

On December 3, 2020, a study authored by a team of researchers from the University of Washington was published in the journal Science, linking a transformation product from a common tire additive to the death of Coho salmon in the Puget Sound. Researchers had observed acute mortality in Coho salmon in the area for decades, … Continued

December 3, 2020 • Emerging Issues, EPA

NDMA―Hiding in Plain Sight

Last month, extended release (ER) Metformin―an oral diabetes medicine that helps control blood sugar levels―joined a small-but-expanding list of prescription drugs, including Valsartan (for blood pressure) and Zantac (for heartburn), that were recalled by manufacturers because it may contain amounts of N-nitrosodimethylamine (NDMA) above the acceptable intake limit. NDMA is a semi-volatile, odorless yellow oil … Continued

November 12, 2020 • Emerging Issues, EPA

EPA Releases Compliance Advisory for UV Devices Designed to Kill Germs, Bacteria, and Viruses

In the midst of the COVID-19 pandemic and the resultant shortage of traditional household disinfectant products such as wipes and sprays, numerous ultraviolet (UV) devices have been marketed to consumers with claims that they kill germs, bacteria, and viruses. What some may not know is that UV lights that are sold or distributed with these … Continued

November 5, 2020 • Emerging Issues, New York

New York Takes Next Step in Nation-Leading Offshore Wind Efforts

The deadline for submitting proposals in response to New York’s second solicitation for offshore wind procurement recently expired, with three companies in the running to land contracts, including Vineyard Wind, Equinor Wind, and Bay State Wind (a joint venture of Ørsted A/S and Eversource Energy). Each submitted proposals in response to New York Gov. Andrew … Continued

October 22, 2020 • Emerging Issues, Regulations

Presidential Environmental Policy Rigidly Defined by Doubt and Uncertainty

Following what seemed like an interminable and chaotic presidential election cycle, November 3, 2020, is finally upon us, and the country will soon know who our next president will be. Regardless of whether Donald Trump or Joe Biden takes the oath of office come January, what is not certain is how each of their respective … Continued

October 15, 2020 • Emerging Issues, New Jersey

New Jersey May Be First in Country to Ban Paper Bags

New Jersey is slated to join the ever-growing list of states implementing bans on plastic bags, but a bill passed by the New Jersey Legislature on September 24, 2020 takes the regulation one step further—banning paper bags as well. The bill, originally introduced in January 2020, seeks to ban “single-use plastic carryout bags, single-use paper … Continued

October 2, 2020 • CERCLA, Emerging Issues

Increase of Climate-Related Weather Events Continue to Threaten Superfund Sites

The U.S. EPA’s Superfund program began in 1980 in response to serious health concerns arising out of a school and neighborhood in upstate New York that was built atop a toxic-waste dumping ground now infamously known as Love Canal—the nation’s first Superfund site. Since then, a list of more than 1,750 sites have cropped up and … Continued

August 27, 2020 • Emerging Issues

Will the U.S. Finally Have a Legal Reckoning with Ammonium Nitrate?

The explosion in the port of Beirut earlier this month was caused by—according to Lebanese officials—ammonium nitrate, and serves as a reminder of the deadly power of this chemical when recklessly stored or when there is an absence of oversight of its use. Indeed, the Lebanese disaster echoes similarly fatal explosions involving ammonium nitrate at … Continued