• 09.26.17

    Who Is Responsible for Hazardous Material Cleanup?

    The U.S. Environmental Protection Agency has determined that 13 Superfund sites were flooded and possibly damaged as a result of Hurricane Harvey. Refineries and chemical plants were reported to have been impacted by flooding, and it is not yet known how many smaller facilities that managed ...

  • 10.07.16

    Recently Enacted TSCA Reform Will Fundamentally Change U.S. Chemical Regulation

     Astonishingly, in an election year and at a time of unprecedented partisanship, this past June, Congress adopted significant reforms to the Toxic Substances Control Act (TSCA) with sweeping support from both sides of the aisle. In the words of the U.S. Environmental Protection Agency ...

  • 07.06.15

    The Importance of Earnest Investigation of Industrial Properties

    The acquisition of real property for industrial development shares many of the same environmental risks and considerations as other types of development. However, industrial development also presents unique concerns that should be taken into account early in the acquisition process so that the ...

  • 05.19.15

    Fracking Is Not One-Size-Fits-All, Which Is Good News for California When It Comes to Water

    Hydraulic fracturing, also known as "fracking," has come under scrutiny for its potential impacts on water, including the risks to water quality and the amount of water used in the practice. California's new regulations on petroleum well stimulation treatments are set to take effect on July 1, ...

  • 04.01.14

    Minimizing Landowner Liability When Buying Contaminated Property

    On December 30, 2013, the US Environmental Protection Agency adopted ASTM E1527-13 as the new Phase I environmental assessment standard, clarifying the requirements for performing all appropriate inquiries. This is the first of several requirements for buyers of potentially contaminated property to ...

  • 02.25.14

    Environmental Assessment Standard Just the Starting Point for Managing the Purchase of Contaminated ...

    On December 30, 2013, the U.S. Environmental Protection Agency ("EPA") adopted ASTM E1527-13, an updated Phase I environmental assessment standard for performing all appropriate inquiries to establish landowner liability protections under the U.S. Comprehensive Environmental Response, Compensation ...

  • 10.08.13

    Landmark Green Chemistry Regulations Take Effect in California

    California's groundbreaking Safer Consumer Product regulations took effect October 1, 2013. The long-in-the-making green chemistry regulations establish a process for the California Department of Toxic Substances Control (DTSC) to identify consumer products containing chemicals of concern that ...

  • 06.24.13

    Bipartisan Proposal May Pave a Path Forward for Federal Chemical Regulation Reform

    To the surprise of many, on May 22, 2013, US Senators Frank Lautenberg (D-NJ) and David Vitter (R-LA) announced a bipartisan bill - the Chemical Safety Improvement Act (CSIA) - to modernize the federal Toxic Substances Control Act of 1976 (TSCA). TSCA's approach to regulating chemical safety ...

  • 11.20.12

    Election Results Signal More State-Level Chemical Regulation

    For several years there have been increasing calls and a growing consensus among both activists and industry to reform the federal Toxic Substances Control Act (TSCA). This is the federal statute that allows the US Environmental Protection Agency (EPA) to review the safety of new chemicals before ...

  • 09.20.12

    Preparing for Green Chemistry

    After multiple proposals and nearly four years of public consultation, California recently reproposed its groundbreaking "green chemistry" regulations. Referred to as the "Safer Consumer Products" regulations, this program will ultimately require manufacturers to eliminate ...