EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace.
The final PFAS reporting rule is expected to be...more
10/4/2022
/ Chemical Data Reporting ,
Corporate Counsel ,
Enforcement ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
FOIA ,
PFAS ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring.
The Biden Administration’s EPA continues its push to...more
An EMS is a straightforward and effective strategy to implement Environmental Social and Governance principles and enhance their performance.
An EMS can help businesses ensure that their ESG programs are in compliance with...more
Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws.
California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more
Continuing the recent trend of promoting sustainability and accountability among businesses, the proposed legislation would change the way in which major players in the fashion industry approach their operations....more
2/10/2022
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Manufacturers ,
New Legislation ,
New York ,
Proposed Legislation ,
Reporting Requirements ,
Retailers ,
Supply Chain ,
Sustainability
In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation.
The Biden administration continues the beat on PFAS regulation by releasing its...more
12/7/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
EPCRA ,
New Regulations ,
NPDES ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
Recent enforcement actions against manufacturers and importers of air filters and purifiers highlight Environmental Protection Agency’s aggressive enforcement posture on potentially misleading claims of efficacy.
Air...more
Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate....more
11/5/2021
/ Air Pollution ,
Civil Liability ,
Climate Change ,
Enforcement Actions ,
Environmental Claims ,
Environmental Policies ,
Environmental Violations ,
Fossil Fuel ,
Government Investigations ,
Greenhouse Gas Emissions ,
International Litigation ,
Negligence ,
Public Trust Doctrine
The current bill contains several provisions which would significantly alter the requirements of National Environmental Policy Act review, but it remains to be seen whether those changes will survive House review.
The...more
Emergency Use Authorizations will play a role as the pandemic eases, but a transition to ordinary course approvals is underway.
As long as the COVID-related emergency is deemed to exist, fast-tracked FDA regulatory...more
7/21/2021
/ Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
FDA Approval ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Popular ,
Public Health Emergency ,
Secretary of HHS ,
Supply Shortages ,
Vaccinations
What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS -
Federal and state governments use information requests and subpoenas to gather information about a business’s...more
6/29/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CERCLA ,
Chemicals ,
Clean Air Act ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Information Requests ,
NDAA ,
PFAS ,
Proposition 65 ,
Risk Assessment ,
Safe Drinking Water Act ,
Subpoenas
Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses.
Phthalates are chemicals found in a wide range of...more
6/16/2021
/ CERCLA ,
Clean Water Act ,
Consumer Product Safety Commission (CPSC) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
How should booming medical spa businesses proceed with little to no guidance from state medical boards?
The American medspa industry, dominated by small, single-location, single-owned businesses, is booming in the wake of...more
In an important step furthering recent commitments to modernize its environmental review process, the NRC has requested input on its plan to update and expand the field of categorical exclusions in its regulations...more
PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more
2/23/2021
/ CERCLA ,
Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
EPCRA ,
Hazardous Substances ,
Multidistrict Litigation ,
PFAS ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
On September 21, 2020, the Nuclear Regulatory Commission (NRC) announced that it has approved the development of a generic environmental impact statement (GEIS) for the construction and operation of advanced nuclear reactors...more
The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives.
The next filing deadline is November 30, 2020 and requires the submission...more
On June 22, 2020, EPA finalized a rule adding 172 PFAS to the list of chemicals subject to annual reporting under the Toxic Release Inventory Program.
The reporting deadline for PFAS on the updated Toxic Release Inventory...more
On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews.
These amendments stand to have a trickle-down effect on the nuclear...more
7/22/2020
/ CEQ ,
Clean Energy ,
Congressional Review Act ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Executive Orders ,
FERC ,
Final Rules ,
National Environmental Policies ,
NEPA ,
Nuclear Power ,
Nuclear Regulatory Commission
The importance of environmental stewardship as a reflection of good corporate governance.
Corporate boards should partner with management to ensure appropriate and regular oversight of environmental issues critical to the...more
The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects.
A recent Executive Order by President Trump directs agencies to expedite...more
6/16/2020
/ Clean Water Act ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Donald Trump ,
Endangered Species Act (ESA) ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
US Army Corps of Engineers
A recent federal court decision serves as a reminder how a lack of attention to seemingly administrative details can have significant legal consequences.
Parties seeking to use a Phase I Environmental Site Assessment for...more
The NRC has declared its intent to streamline the environmental review process for advanced nuclear reactors in an important step that will facilitate the construction and operation of these clean energy sources.
The NRC...more