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Climate Change Comes for Remedial Measures – Planning for Corrective Action under Climate Threats and EPA Recent Guidance

Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the...more

11 Key Takeaways - Emerging PFAS Regulation of Consumer Articles

Kilpatrick’s Alex Bullock and Jeff Davidson recently joined another industry leader at the “2023 RCG Summit” to present on “Emerging PFAS Regulation of Consumer Articles.” This event features members of Kilpatrick’s Retail...more

The Perfect is Always the Enemy of the Good - TSCA’s Information Grab and the Expansive Ten-Year “Look Back” PFAS Reporting...

In 2021, we alerted our readers to a concerning expansive TSCA proposed reporting requirement that could apply to a range of manufacturers and importers of products containing PFAS, potentially scooping up everyone from...more

Is the Giant Going Back to Bed? EPA’s Potential Retreat on “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964

In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more

Biden Administration Seeks to Put Environmental Justice Into Action with an Earth Day Executive Order

From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more

TSCA’s Information Grab and the Proposed Expansive Ten-Year “Look Back” PFAS Reporting Requirement – Some Retreat on Overreaching?

In 2021, our blog post alerted readers to a concerning expansive June 2021 TSCA proposed reporting requirement that could apply to a range of manufacturers or importers of products containing PFAS, potentially scooping up...more

Regulating PFAS Under CERCLA – Ambiguities and Uncertainties with Reporting Obligations

On September 6, 2022, the EPA proposed a rule to designate the two most studied Per- and Polyfluoroalkyl Substances (PFAS) compounds, Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), including their...more

Put This In Your Pipe and Leach It – EPA Considering Whether to Designate Discarded Products Containing PVC as a RCRA Hazardous...

Walk around your basement – see those pipes?  Would you consider those pipes to be hazardous waste? What about rain boots?  Garden hose? Shower curtain?  Traffic cones? All of these and more have the potential to be...more

EPA’s Environmental Justice Continues to Expand its Reach with the Issuance of Draft Action Plan for EPA’s Office of Land and...

On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more

A Sleeping Giant Awakens (Maybe?) – “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964 in the era of the...

On October 1, 2021, the Environmental Protection Agency (EPA) issued its draft Strategic Plan (Plan) for 2022 – 2026.1 While the Plan renews EPA’s commitment to its original principles (follow the science, follow the law and...more

CERCLA – EPA Sharpens CERCLA Enforcement Tools to Focus on Environmental Justice Communities.

The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more

TSCA’s Information Grab – Manufacturers and Importers Subject to Proposed Expansive Ten-Year “Look Back” PFAS Reporting...

Did you manufacture or import a water repellant t-shirt or a nonstick cooking pan or high performance mountain wear in the past ten years? If so, you could be required to provide ten years of past data and details regarding...more

CERCLA – One Potential Landing Spot for Regulation of PFAS

Per- and Polyfluoroalkyl Substances (PFAS) are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including...more

Supplemental Environmental Projects: A Long History and an Uncertain Future

Supplemental environmental projects or “SEPs” are “environmental” projects that a defendant agrees to undertake as part of a negotiated settlement of a federal enforcement action. SEPs have been used as a discretionary...more

Addressing Environmental Justice through EPA’s Enforcement Tools

The Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process. EPA’s Administrator Michael...more

Outlook 2021 – The Biden Administration Sharpens TSCA’s Sword

The Toxic Substances Control Act (TSCA), enacted in 1976, authorizes the United States Environmental Protection Agency (EPA) to regulate the manufacture or importation of new and existing chemicals. TSCA’s regulations include...more

Practical Considerations for Manufacturers Pivoting to PPE Production to Combat COVID-19 Pandemic

The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and...more

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