On September 6, 2022, the United States Environmental Protection Agency (USEPA) published a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund.
These two per- and polyfluoroalkyl substances (PFAS) have been linked to various adverse
California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever chemicals” in apparel, textiles, and cosmetics. The ban goes into effect beginning in 2025, and applies to the sale, manufacture and distribution of new cosmetics
Anna and Dave continue their Missouri Water Seminar PFAS miniseries with Assistant Director of Engineering-Environmental Compliance Jay Hoskins of the Metropolitan St. Louis Sewer District. Jay, Anna, and Dave discuss integrated planning, source control, rate setting, and risk communication in a rapidly changing regulatory environment.
The National Highway Traffic Safety Administration’s updated guidance encourages auto industry suppliers and manufacturers to consider cybersecurity a top organizational priority.
By Arthur Foerster, Serrin Turner, Hadrian Luo, and De Vann Sago
On September 9, 2022, the National Highway Traffic Safety Administration (NHTSA) issued a notice of federal guidelines effective upon publication that announced the availability of the final version of its 2022 Cybersecurity Best Practices for the Safety of Modern Vehicles.[1] The notice summarized comments received in response to the draft guidance, laid out NHTSA’s response to those comments, and highlighted the changes made to the draft guidance in response to those comments.[2]
Pipelines: Pennsylvania DEP Accepting Public Comments on Transco Pipeline
On October 5, 2022, the Pennsylvania Department of Environmental Protection (DEP) held a virtual public hearing on permit applications for earth disturbance and water obstructions for the Regional Energy Access Expansion Pipeline project by Transco. The project would go through Luzerne, Monroe, Northampton, Bucks, Chester, Delaware,
It can be perilous to fail to address solar panels in a contract for the sale of a house.
The U.S. Environmental Protection Agency (“EPA”) recently made two announcements regarding antimicrobial pesticides. First, EPA released guidance regarding residual efficacy claims for antimicrobials applied to surfaces. Second, EPA announced that it has registered the first product approved to make claims to kill viruses in the air. EPA has also sought comment on strategies for improving indoor air quality to reduce disease transmission, which could involve the use of air sanitization products or pesticidal devices. This blog has previously highlighted these issues, including noting steps EPA could take to improve pesticide policy in the wake of the pandemic and the emerging focus on indoor air quality and its regulatory implications.
Taken together, EPA’s recent actions are significant and provide opportunities for companies to develop novel products that could have significant public health benefits. But they also highlight that significant uncertainty remains in this area, which presents risks that companies must carefully navigate to ensure regulatory compliance.
Cuyahoga County has been engaged in a long search for a new jail. The preferred location is property on Transport Road, which was also the site of Rockefeller’s Standard Oil Refinery #1. A significant part of the controversy surrounds whether the site is safe for redevelopment given its industrial past. The debate surrounding the site
On 6 October 2022, the Council of the European Union adopted a Regulation on an emergency intervention to address high energy prices (the “Regulation”). The Regulation was published in the Official Journal of the European Union on 7 October. The Regulation has three main elements:
The Regulation’s market intervention is exceptional (albeit in response to an extraordinary geopolitical market disruption). It will have widespread positive and negative impacts for energy market sellers and buyers. These circumstances may provoke a range of disputes, transaction (re)structurings or additional compliance obligations that will require expert advice and understanding of the details of the Regulation.
On September 30, the US Fish and Wildlife Service (USFWS or Service) published proposed rule that would revise the regulations governing the issuance of eagle take permits (ETPs) under the Bald and Golden Eagle Protection Act. 87 Fed. Reg. 59,598 (September 30, 2022). In the preamble to the proposed rule, the Service acknowledges that its current ETP regulatory process, first established in 2009 and revised in 2016, is not working as intended. In particular, the Service notes that “[w]hile there are more than 1,000 wind-energy projects on the landscape, the Service has received fewer than 100 applications from those projects and has currently issued only 26 permits since the promulgation of the 2016 Eagle Rule.” 87 Fed. Reg. at 59,602.