Environmental Alert
Another Sea Change for Superfund?
Currently pending before the United States Supreme Court is a case that could radically change the landscape of Superfund liability – yet again. In late February, the U.S. Supreme Court heard oral arguments in consolidated cases of Burlington Northern & Santa Fe Railway Co. v. United States and Shell Oil v. United States. The issues before the Court could impact not only owners of property but also companies that sell or distribute products containing hazardous substances. For the third time in less than five years, the Supreme Court could fundamentally change the interpretation of the almost 30-year-old Comprehensive Environmental Response Compensation and Liability Act, commonly referred to as the “Superfund” law. Read more ...
Green Chemistry and Beyond
There has been a recent surge in interest – and legislation – related to green chemistry (the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances). Increased consumer concern with product constituents has contributed to the wide array of new and proposed legislation across the United States and our trading partners in Europe. The sheer pace of the new laws and rules presents a compliance challenge for affected parties. This challenge is made all the more difficult by the fact that it is the states, and not the federal government, leading the way. Read more ...
EPA Proposes GHG Reporting Rule
In response to the mandate established by the 2008 Consolidated Appropriations Act, on March 10, 2009, EPA released a proposed rule (40 CFR 98) that would require “suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of greenhouse gas (“GHG”) emissions to submit annual reports to EPA.” Public hearings on the proposed rule are scheduled for April 6 and 7 in Arlington and April 16 in Sacramento. EPA’s regulations would apply to a wide variety of stationary sources, including, for example, power plants, industrial sources such as pulp and paper mills, municipal landfills, and manure management systems. Read more ...
