The European Union is considering implementation of a new carbon policy, the Carbon Border Adjustment Mechanism (CBAM), that could profoundly impact the global import/export market. The CBAM, a carbon-pricing system for imports into the EU, is proposed to be applicable
Continue Reading EU Proposal for the Carbon Border Adjustment Mechanism
Food has become a bigger and bigger target for enforcement under Prop 65 over the last few years, and acrylamide in particular has been the subject of scrutiny by both the California Office of Environmental Health Hazard Assessment (OEHHA) and
Continue Reading Prop 65 Regulatory Update for the Food & Cannabis Industry: OEHHA Proposes Specialized Warnings for Exposures to Acrylamide from Food & Exposures to Smoke from Cannabis/THC Products
The Center for Biological Diversity and the Natural Resources Defense Council submitted a petition for rule-making to the Secretary of the U.S. Department of Health and Human Services and the Centers for Disease Control and Prevention and submitted a similar
Continue Reading Petitions Filed with Federal Agencies to Ban Trade in Wild Mammals and Birds
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged that the groundwater used
Continue Reading The Law Is An Ass, RCRA Edition
Below is an excerpt of an article that was published in ISHN on October 14, 2021.
Most workers in the United States are protected from retaliation for raising workplace health and safety concerns and for reporting work-related injuries or illnesses.
Continue Reading OSHA retaliation complaints rising – Have you checked your anti-retaliation program lately?
At the end of September, the Environmental Protection Agency (EPA) issued yet another memorandum regarding emissions resulting from startup, shutdown, and malfunctions (SSM) at stationary sources of air pollutants, such as refineries, manufacturing facilities, and power plants. This newest memo
Continue Reading Penalizing Unavoidable Air Emissions: The Fight Over SSM Continues
In an August 3 opinion in the case of Vecinos para el Bienestar de la Comunidad Costera et al. v. FERC, Case No. 20-1093, the U.S. Court of Appeals for the District of Columbia Circuit determined that the Federal Energy
Continue Reading DC Circuit Directs FERC to Consider Environmental Impacts of LNG Facilities
A recent decision by the U.S. District Court for the District of Arizona vacated and remanded the 2020 Navigable Waters Protection Rule (NWPR) issued by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (together, “Agencies”) that
Continue Reading District Court Vacates Navigable Waters Protection Rule
On August 13, the Environmental Protection Agency (EPA) reissued the Columbia and Lower Snake Rivers Temperature Total Maximum Daily Load (TMDL), which reflects revisions to EPA’s May 18, 2020 Draft TMDL, following a public comment period.
Continue Reading EPA Reissues Temperature TMDL for Columbia and Lower Snake Rivers
Last month, the California Regional Water Quality Control Board, Central Valley Region (“Central Valley Water Board”) published a Food Safety Project White Paper (“White Paper”) on the use of oil field produced water for food crop irrigation. The White Paper
Continue Reading White Paper Finds No Evidence of Elevated Threat to Human or Crop Safety from Use of Oil Field Produced Water to Irrigate Crops
