On February 2, 2017, the Office of Information and Regulatory Affairs (OIRA) issued Guidance in order to clarify last week’s Executive Order (EO) regarding the issuance of administrative rules. The EO requires agencies to identify at least two existing regulations to be repealed for every one newly promulgated regulation. The EO also requires the total
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EPA Begins to Implement TSCA Reform; Delays Possible with Transition to New Administration
As part of its implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Public Law 114-182E reforming the Toxic Substances Control Act (“TSCA”), EPA recently published two proposed rules, including a proposed rule that would govern the process for active/inactive designations and a proposed rule that would establish the procedure for…
Agencies Instructed to Withdraw 2 Regulations for Every 1 Proposed in Executive Order
During the campaign, President Trump promised to remove two regulations for every new one enacted. On Monday, January 30, 2017, he sought to make good on that promise by signing an Executive Order (EO), titled Reducing Regulation and Controlling Regulatory Costs.…
Final Habitat Conservation Planning Handbook Issued
In late December, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, “the Services”) issued the final revised joint Habitat Conservation Planning Handbook (HCP Handbook). 81 FR 93702. The original HCP Handbook was issued in 1996 and later revised in 2000. Most recently, the Services held a 60-day…
EPA Begins Evaluating Chemical Risks Under Revised Toxic Substances Control Act
On November 29, 2016, EPA announced the first ten chemicals for which the Agency will perform a risk evaluation under the Toxic Substances Control Act (“TSCA”), as reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed earlier this year. As part of this review, EPA will evaluate whether the chosen…
California’s Prop 65 Labeling Requirement Is About to Get Even More Burdensome
Recently, the Office of Environmental Health Hazard Assessment (“OEHHA”) in California finalized revisions to the regulations implementing Prop 65 – the California law that requires business to provide a “clear and reasonable warning” to consumers on products that contain any chemicals listed by California as causing cancer or reproductive harm.…
U.S. EPA Announces Its Retail Strategy
Yesterday, U.S. EPA announced a new Resource Conservation and Recovery Act (RCRA) retail strategy. This strategy has been long-awaited, given that it has been well over two years since the retail industry commented on EPA’s February 14, 2014 Notice of Data Availability for the Retail Sector (20 Fed. Reg. 8926). After last year’s release of the…
EPA Publishes Final SSM SIP Call
On June 12, EPA published its final SSM SIP Call recalling EPA-approved state air rules governing emissions associated with startup, shutdown and malfunction events at regulated facilities in 36 states. The list of affected states is posted on EPA’s website here. Some of these state rules have been approved and on the books for decades,…
Troutman Sanders Environmental Practice Expanding to San Francisco
Troutman Sanders is opening an office in San Francisco on April 1, 2015. This will be the firm’s fourth office on the West Coast, with existing offices in Orange County, San Diego, and Portland. The firm’s San Francisco office will be located in the Financial District at 580 California Street.
The new San Francisco office…