News & Analysis as of

Civil Monetary Penalty Toxic Chemicals

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...more

Paul Hastings LLP

Deceptive Trade Practices — A Texas No-Damages Model for Toxic Tort Litigation

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State and local governments have long participated in toxic tort litigation against manufacturers whose products are claimed to have driven up government healthcare costs. Now, the Texas attorney general has staked out a new...more

Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more

Fox Rothschild LLP

Rhode Island Enacts Statutory Ban on Consumer Products and Firefighting Foams with Intentionally Added PFAS

Fox Rothschild LLP on

In late June 2024, Rhode Island joined the growing list of states that have enacted phased bans on the manufacture, sale, and distribution of various types of products containing PFAS. Rhode Island’s statute, entitled the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Atlanta, Georgia Chemical Manufacturer Proposed Penalty Assessment

The Occupational Safety and Health Administration (“OSHA”) issued a March 8 news release and link to a Citation and Notice of Penalty for Southern Industrial Chemicals Inc. South Industrial Chemicals Inc. is stated to be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Alabama Department of Environmental Management and Washington County Chemical Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Olin Chemical Corporation (“Olin”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Air Code. See Consent Order No. 22-XXX-CAP. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Gresham, Oregon, Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Microchip Technology, Inc. (“MTI”) entered into a June 2nd Expedited Settlement Agreement (“ESA”) addressing alleged violations of federal Resource Conservation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Methylene Chloride/OSHA Enforcement: Citations Issued to Bergen County, New Jersey, Manufacturing Facility

The Occupational Safety and Health Administration (“OSHA”) issued a February 2nd news release stating it issued citations to Sinclair & Rush Inc. (“S&R”). The citations were issued to an S&R Bergen County, New Jersey,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emergency Planning and Community Right-to-Know Act (EPCRA) Enforcement: U.S. Environmental Protection Agency and Tampa, Florida...

The United States Environmental Protection Agency (“EPA”) and Tampa Steel Erecting Company (“Tampa Steel”) entered into an October 16th Consent Agreement and Final Order (“CAFO”) to address alleged violations of the Emergency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r) Clean Air Act/Enforcement: U.S. Environmental Protection Agency and Operator of Winchester, Kentucky Cold Food Storage...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Firearms Manufacturer...

The United States Environmental Protection Agency (“EPA”) and Smith & Wesson Corp. (“Smith & Wesson”) entered into an April 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of: . . . Section...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Downey Brand LLP

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Mintz - Consumer Product Safety Viewpoints

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

Williams Mullen

Environmental Notes - August 2016

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Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Allen Matkins

California Environmental Law & Policy Update - October 2015

Allen Matkins on

Environmental and Policy Focus - Royal Dutch Shell suspends Arctic drilling indefinitely: Washington Post - Sep 28: Royal Dutch Shell announced early on September 28, 2015 that it will indefinitely suspend its Arctic...more

King & Spalding

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

King & Spalding on

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

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