Megan Caldwell

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Megan is an environmental attorney with a national practice. She advises clients on a broad range of issues involving the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the RCRA and other federal environmental laws and their state counterparts, as well as the health and safety requirements under OSHA.

Latest Articles

In December, the U.S. Fish and Wildlife Service (USFWS) announced that the agency will be proposing a streamlined eagle incidental take permitting process for wind energy projects that are considered “low-risk” to eagles. Although this new low-risk framework has not been finalized or formally proposed yet, USFWS has made available a presentation outlining the framework.…
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed further amendments to clarify the new Prop 65 regulations that went into effect August 30, 2018, which focused on how to provide “clear and reasonable” warnings under Prop 65. Under the new regulations, manufacturers, producers, packagers, importers, suppliers, and distributors have primary responsibility for complying with Prop 65 requirements; and retail sellers have responsibility for placement and maintenance of consumer product exposure warnings only in limited situations. OEHHA’s…
As we previously reported, major changes are going into effect tomorrow concerning California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. This law requires businesses to notify Californians about significant amounts of chemicals in products in their homes or workplaces, that are released into the environment, or that are present at certain public locations. On August 30, new regulations go into effect that impact the obligations of businesses in order to comply…
As we previously reported, major changes are going into effect tomorrow concerning California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. This law requires businesses to notify Californians about significant amounts of chemicals in products in their homes or workplaces, that are released into the environment, or that are present at certain public locations. On August 30, new regulations go into effect that impact the obligations of businesses in order to comply…
Coffee sellers in the State of California will now be required to provide cancer warnings on their coffee products. On March 28, 2018, a California State Court issued a Statement of Decision in a Proposition 65 (Prop 65) case that found that Starbucks and other retailers failed to prove that a chemical found in coffee poses no significant harm. Council for Education and Research on Toxics v. Starbucks Corporation, No. BC435759 (L.A. Super. Ct. Mar.
Cannabis businesses may be surprised to learn that Proposition 65, the California law that seeks to warn consumers of chemicals in the products they buy, may apply to many marijuana products.  This law requires all parties in the supply chain, from manufacturers to distributors (but not retailers except in certain circumstances) to place warning labels on products sold in California if those products contain certain levels of one of hundreds of listed chemicals determined to…
Federal environmental requirements and regulations have been relaxed (or are proposed to be relaxed) since President Trump was elected, but those environmental regulatory changes have not yet realized benefits for renewable energy and transmission project permitting. As mainstream media sources like the New York Times have reported, the Trump administration’s efforts to weaken environmental laws has been somewhat substantial; to date, 67 environmental actions have been targeted by the administration, including 33 that already…
As a reminder, the State of Texas’s new stormwater construction general permit is now in effect.  The Texas Commission on Environmental Quality’s (TCEQ) has renewed its General Permit to Discharge under the Texas Pollutant Discharge Elimination System Permit, Permit No. TXR150000, which authorizes discharges from construction sites into surface water in the state.  Operators of large construction activities that were covered under the prior permit and continue to operate must now submit a Notice of…
Attorney Megan Caldwell recently blogged about two recent agency enforcement memoranda impacting the enforcement of environmental violations. Both the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have issued memos make changes in how agencies will focus on their roles in regards to enforcement. These changes may affect your company’s approach to compliance with certain agency guidance documents as well as your emphasis on relationships with state environmental agencies versus the EPA. You can read the full blog post on…