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On December 11, 2018, U.S. EPA Acting Administrator Andrew Wheeler signed a new hazardous waste pharmaceutical rule. The final rule retains a proposed requirement, opposed by industry, that prescription pharmaceuticals sent from health care facilities to reverse distributors first be considered “disposed of,” regulated as solid waste and evaluated for hazardous classification at the health care facility. This rule will impose significant new obligations on health care providers, including pharmacies and long-term care providers,…
Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More specifically, manufacturers, distributors, and retailers of such products must ensure that by no later than May 11, 2016, consumers are provided a “clear and reasonable warning” regarding the hazards associated with BPA.…
North Carolina has been a hotbed of activity for residential and utility scale solar developers. According to the Solar Energy Industry Association, the Tar Heel State ranks fourth in the country in terms of installed solar capacity (1,088 MW). However, the North Carolina Energy Policy Council (EPC)—an advisory body within the state’s Department of Environment and Natural Resources (DENR)—is considering a new permitting requirement that could significantly impact the future pace of solar development in…
On Friday, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (“Army Corps”) jurisdictional determinations are final agency actions subject to judicial review. The Eighth Circuit’s decision is contrary to a July 2014 Fifth Circuit ruling and thus created a circuit split. The Supreme Court’s decision could resolve that split and settle the question of whether parties may challenge Army Corps’ jurisdictional…
On Monday, the California Supreme Court halted a nearly 12,000 acre mixed-use development project that was 15-years in the making in Los Angeles County, and had earned both state and local agency support.  The reason?  The Court cited a number of environmental issues with the proposed development as the basis for its decision.  Although the project in question was not an energy-specific project, the decision is an important reminder of the significant effect environmental issues…
The United States Court of Appeals for the Sixth Circuit today issued a nationwide stay on the so-called “Clean Water Rule,” under which the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) revised the federal definition of “waters of the United States.” The rule, which is often referred to as the “waters of the United States,” or “WOTUS” rule, had previously been stayed in only thirteen states,…
Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers often experience regulation as an imposition of new, stringent requirements that drive up operational costs. However, there are opportunities to engage in the regulatory process that allow manufacturers to participate in the development of the rules they must follow. In his book, “Effective