Entries by Verdant Law

EPA Enforces RICE Rule at Sand and Gravel Operation

A Massachusetts sand and gravel company, Kimball Sand, has agreed in a settlement with EPA to conduct opacity testing at one of its operations and to replace three stationary engines with newer, cleaner engines. The company also paid a penalty of $120,000 for violations of the applicable new source performance standard (opacity) and the air […]

EPA to Hold Public Meeting on Identifying Potential Candidates for Prioritization for Risk Evaluation

EPA is holding two meetings in December to discuss ongoing implementation activities under the Frank R. Lautenberg Chemical Safety Act, which amended Toxic Substances Control Act (TSCA). On December 11, 2017 EPA is holding the second public meeting on possible approaches for identifying potential candidate chemicals for EPA’s prioritization process under TSCA. The meeting will […]

EPA to Hold Public Meeting on New Chemicals Review program

EPA is holding two meetings in December to discuss ongoing implementation activities under the Frank R. Lautenberg Chemical Safety Act, which amended Toxic Substances Control Act (TSCA). On December 6, 2017, EPA is holding the first public meeting on new chemicals. The first meeting is to update and engage with the public on the Agency’s progress […]

EPA Announces Settlement with Macy’s over Hazardous Waste Violations

On October 25, 2017, EPA Region 6 announced a settlement with Macy’s Retail Holdings, Inc. (Macy’s) over violations of hazardous waste regulations, the Resource Conservation and Recovery Act (RCRA). In addition to correcting violations, Macy’s will also develop a program with the capacity to train 400 retailers in Oklahoma and Texas, and conduct third-party audits […]

Seventh Circuit Adopts Carcinogen Exposure Test

The Federal Court of Appeals for the Seventh Circuit recently joined the 6th and 9th Circuits in holding that a plaintiff seeking recovery for harm from carcinogen exposure must demonstrate that the exposure was a “substantial contributing factor” to the injury. The opinion notes that cancer causation “is dosage dependent—that is, the risk of contracting […]

EPA Defends “Exceptional Events” Rule

In pleadings recently filed with the Federal Court of Appeals for the D.C. Circuit, EPA has defended the “Exceptional Events” rule issued by the Obama Administration last October. The rule is designed to excuse exceedances of national ambient air quality standards (NAAQS) where they are caused by natural events such as wildfires or dust storms. […]

New Prop 65 Regulations Become Operative on August 30, 2018

New consumer warnings will be required under California’s Prop 65 on August 30, 2018.  On September 2, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a final rule amending Article 6 of the regulations implementing Proposition 65 (Prop 65) that requires enhanced warning messages. Prop 65 requires a “clear and reasonable” warning on […]