Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Both the Department of Transportation and Environmental Protection Agency finished 2023 by issuing new rules that increase the maximum civil penalties for violating certain regulations. For the EPA, those regulations include the Clean Air Act, the Clean Water Act, and Toxic Substances Control Act. For the DOT, the maximum civil penalty increases affect regulations contained …
The Environmental Protection Agency has announced proposed rules that would strengthen its regulation of lead and copper. These new regulations, if approved, would require water systems across the country to replace lead service lines within the next 10 years. They would also lower the allowable amount of lead in drinking water from 15 parts per …
If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional warning-notice requirements. Affected companies should respond not only by preparing to update their relevant product warnings, but also submitting comments on the state’s rulemaking while they …
In the fall of 2020, when New Yorkers saw photos and videos of orange skies over San Francisco caused by the Bay Area’s infamous fog, combined with heavy smoke from what seemed like non-stop wildfires raging throughout California, it looked like a dystopian movie landscape, or even another planet. Even more surreal, Californians in these …
Earlier this month, the U.S. Environmental Protection Agency announced a proposed regulation of perchloroethylene (PCE) under the Toxic Substances Control Act to protect public health. PCE, also known as perc and tetrachloroethylene, “is used for the production of fluorinated compounds; as a solvent for dry cleaning and vapor degreasing; in catalyst regeneration in petrochemical manufacturing; …
By Joshua Fine, Manager, Environmental Claims, Crum & Forster and George Buermann, Partner, Goldberg Segalla LLP Composting has long been viewed as an important tool for sustainability with benefits for the environment as it has reduced the amount of waste incinerated or sent to landfills. Since the 1920s, municipal biosolids, or treated sewage sludge, has been used in …
On April 17, the first day of Earth Week, New Jersey Gov. Phil Murphy announced the final adoption of regulations to implement the state’s Environmental Justice Law. According to the Office of the Governor, the Environmental Justice Law and corresponding regulation is the “first in the nation aimed at reducing pollution in historically overburdened communities …
The pendulum of policy on the environment was sent pounding back toward regulation again when the Biden administration issued new directives for greenhouse gas emissions. The Interim Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (“Interim Guidance”) seeks to: Clarify best practices for assessing greenhouse gases under the National Environmental Policy Act; Fast-track …
If ESG were merely a slogan on the proverbial gym wall, companies are about to be held accountable for their public promises of climate change and sustainability focused ambitions. Last month the Securities and Exchange Commission (SEC) proposed significant rule changes to the U.S. Securities Act of 1933 and SEC Act of 1934. If enacted, …
$600 Billion. That is the amount of money directly attributed to weather events brought on or exacerbated by climate change over the past five years. Now a coalition of states, including Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and Wisconsin, and led by California (the Coalition), are pushing for the U.S. Securities and …