Danelle Gagliardi

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During the spring’s customarily dreary weather, many states have been seeking out sunshine and wind. In the months of March and April alone, eight states in the US passed legislation in an attempt to either make the permitting process easier for solar and wind power or to commit to the use of renewable power by a certain date. The significant renewable energy legislation passed this spring are highlighted below:…
The latest news and perspectives on California’s Proposition 65 (Prop 65) track the passage of the newly-amended Clear and Reasonable Warnings regulations under Prop 65, which took effect on August 30, 2018. Significantly, plaintiffs have started to target companies whom they believe to not be in compliance with the newly-amended regulations.  Read more below about this and other important recent updates since the new Prop 65 regulations became effective, including the updated comment deadline of…
We are now in the final month before the newly-amended Clear and Reasonable Warning regulations in California’s Proposition 65 (Prop 65) take effect on August 30, 2018. Businesses have had since August 30, 2016 to prepare and comply with the newly-amended regulations, and we have been posting regular reminders (1-year reminder and 6-month reminder), which contain more detail about the history of Prop 65, the new requirements in the regulations, and the potential…
As of today’s date, businesses have only 6 months to comply with the newly-amended Clear and Reasonable Warnings regulations in California’s Proposition 65 (Prop 65), which take effect on August 30, 2018. We posted a 1-year reminder here, which discusses the history of Prop 65, the new requirements in the regulations, and the potential increase in enforcement litigation stemming from alleged noncompliance.…
Shortly after being confirmed as the new US EPA Administrator, Scott Pruitt appointed a Superfund Task Force to review the approximately 1,300 Superfund sites in the United States and make recommendations on how to improve and restructure the cleanup process. Administrator Pruitt observed that “many of these sites have been listed as Superfund sites for decades, some for as many as 30 years.” After a 30 day review, the Task Force released its set of recommendations on…
As of today’s date, businesses have just one more year to comply with the newly-amended Clear and Reasonable Warnings regulations from California’s Proposition 65 (“Prop 65”), which take effect on August 30, 2018.  Businesses should consider the Clear and Reasonable Warning compliance requirements and guidance outlined below now to be prepared for this deadline and minimize the risk of enforcement litigation that undoubtedly will ensue after the regulations become effective on August 30, 2018.  In fact, businesses can start…
On March 13, 2017, D.C. District Court Judge Tanya S. Chutkan granted summary judgment to an environmental advocacy group and ordered US EPA to update its National Emission Standards for Hazardous Air Pollutant (NESHAP) rulemakings for 20 listed major source categories in three years. The soon-to-be updated major source categories will affect several industries, including: boat manufacturing; municipal solid waste landfills; integrated iron & steel manufacturing; and surface coating of automobiles, light-duty trucks, plastic…
It has been one year since the Clean Power Plan was published in the Federal Register, and the oral arguments for the rule in the D.C. Circuit have been concluded for about a month now. In this relative “calm before the storm,” as we wait for the D.C. Circuit decision, the 2016 Presidential Election, and the result of the Clean Air Act Section 111(b) litigation, it is a good time to take a step back…
Last week, US EPA announced in the Federal Register that it has extended the deadline for companies subject to its Chemical Data Reporting (CDR) rule to submit data on the chemical substances they manufacture and import pursuant to the Toxic Substances Control Act (TSCA) from September 30, 2016 to October 31, 2016. For detailed information on the CDR reporting requirements, please refer our client alert here. Under the rule, regulated companies must disclose certain information on the chemical substances…
In one of the most closely watched environmental and administrative law cases this term, the US Supreme Court ruled unanimously against the government on Tuesday, May 31, 2016, affirming the Eighth Circuit’s decision allowing federal courts to review the US Army Corps of Engineers’ jurisdictional determinations. Jurisdictional determinations are decisions wherein the Corps determines whether wetlands or dry river and stream beds are subject to the “waters of the United States” regulation under the Clean Water Act…