frESH

Perspectives on Environmental, Safety & Health

As 2019 moves into its closing months, US EPA activity under the amended Toxic Substances Control Act (TSCA) remains front and center.  As part of US EPA’s three-step process of prioritization, risk evaluation and risk management for existing chemicals, as we previously reported, EPA began in 2016 by identifying the first ten chemicals for  risk evaluation under TSCA, which set forth a three-year deadline for completing the evaluations that is supposed to come to…
Stormwater permitting requirements for many industrial facilities are set forth in US EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) or state permits based on the MSGP.  US EPA last issued the permit in 2015, which expires on June 4, 2020.  While the current Administration does not appear to be predisposed to the implementation of more onerous environmental permitting requirements, an EPA-funded report has recommended transformative changes to the MSGP.  The…
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our August edition, we summarise 29 developments in the environmental, safety and health sector.  Some of the top stories this month include: Court of Appeal dismisses appeal by Thames Water against £2 million fine imposed by the Crown Court Construction company fined £1 million and employee,…
On August 7, 2019, US EPA Administrator Andrew Wheeler signed the Agency’s newest proposal to amend the Clean Water Act (CWA) to streamline permitting of energy projects. Specifically, the proposed rule would amend the regulations concerning Section 401 of the CWA. It represents US EPA’s first comprehensive effort to promulgate federal rules governing the implementation of Section 401 of the CWA. The proposed rule is in response to President Trump’s April 2019 Executive Order 13868
Today, US EPA proposed a rule to roll back the Obama Administration’s rule to control methane emissions from the oil and gas industry. Methane emissions from the oil and gas industry are equivalent to the emissions of one-quarter of all cars in the US, according to US EPA data. Methane emissions are also known to be 25 times more potent than carbon dioxide in contributing to climate change. Overall, methane is responsible for 10 percent…
On August 12, 2019, the U.S. Department of the Interior (DOI) unveiled three final rulemakings that will have a significant impact on the future implementation of certain portions of the Endangered Species Act (ESA). According to DOI, the new regulations are “designed to increase transparency and effectiveness and bring the administration of the [ESA] into the 21st century.” On the other hand, numerous environmental advocacy groups voiced swift and strong opposition to what they…
For readers who have been following us, you have likely seen our posts tracking California’s consumer right to know law, Prop 65, along with its new amendments and significant litigation. You may think, what more is there to write about a law that is only effective in one state? As it turns out, quite a bit, especially now that Prop 65’s influence seems to have spread to other states. We have written previously…
Earlier this month, the US Supreme Court scheduled oral argument for November 6th in its review of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et al. The case has significant implications for the scope of the Clean Water Act (CWA), with the Ninth Circuit having ruled that the eventual migration of pollutants from permitted underground injection wells through groundwater into surface waters violates the CWA: We hold the County…
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our July edition, we summarise 35 developments in the environmental, safety and health sector.  Some of the top stories this month include: Rail company faces £1 million fine after the death of a passenger on the Gatwick Express Government publishes its response to the final report…