On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more
On October 28, 2022, the U.S. Environmental Protection Agency (“EPA”) listed 1,4-dioxane on the Fifth Contaminant Candidate List (“CCL 5”). This is an important step to EPA’s potential regulation of 1,4-dioxane under the Safe...more
Workers may be exposed, and ultimately injured, by exposure to 1,4-dioxane. The principal pathway of exposure, as discussed below, is through inhalation....more
In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more
9/23/2022
/ Cancer ,
Consumer Product Companies ,
Cosmetics ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
OEHHA ,
Personal Care Products ,
Proposed Legislation ,
Proposition 65 ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals
There is no federal drinking water standard for 1,4-dioxane, but as illustrated by a recent press release for the Industrial Excess Landfill Superfund Site in Ohio, the U.S. Environmental Protection Agency (EPA) and state...more
1,4-Dioxane is an emerging contaminant. Like “traditional” volatile organic compounds, it has the potential to volatilize and enter indoor air. This article explores why businesses should consider conducting a VI assessment...more
As illustrated by the May 11, 2022, press release for the Industrial Excess Landfill Superfund Site in Uniontown, Ohio, the U.S. Environmental Protection Agency (“EPA”) and state environmental agencies have begun directing...more
On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern. EPA’s proposed “Explanation of Significant...more
In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more
11/8/2021
/ CERCLA ,
Corrective Actions ,
Due Diligence ,
Environmental Assessments ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Proposed Amendments ,
Proposed Regulation ,
RCRA ,
Rulemaking Process ,
Site Remediation ,
Waste Management
There are new chemical regulations on the block, and your company’s supply chain might be implicated. These rules prohibit both the manufacturing of certain bioaccumulating chemicals as well as the distribution of products...more
EPA recently designated more than 20 chemicals as “high priority” chemicals warranting further risk assessments. These include chemicals frequently found in plastics, building materials, cleaners, and flame retardants....more
Construction employers are now subject to OSHA’s Respirable Crystalline Silica rule, which became enforceable on September 23, 2017. OSHA published a guidance memorandum dated September 20, 2017, which set forth a 30-day...more
With a July 1, 2017 deadline looming, the Occupational Safety and Health Administration (OSHA) just announced on its website an indefinite extension for the electronic submission of injury and illness logs. This extension...more
The Occupational Safety and Health Administration’s (OSHA) vague, broad and controversial new anti-retaliation regulations prohibiting employers from retaliating or taking adverse action against employees who report injuries...more
For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more
On July 13, 2016, OSHA announced its decision to delay implementation of the anti-retaliation provisions from its new injury and illness tracking rule until November 1, 2016. As Bryan Cave recently discussed, the rules had...more
The Occupational Safety and Health Administration (OSHA) recently implemented new regulations that will impact covered employers beginning on August 10, 2016. Specifically, these new regulations will require electronic...more
7/7/2016
/ Anti-Retaliation Provisions ,
Citations ,
Civil Monetary Penalty ,
Drug Testing ,
Electronic Filing ,
Employer Liability Issues ,
Final Rules ,
Incentives ,
OSHA ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more