To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016.
1. Expansion of CERCLA Liability
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is always a concern for manufacturers…
EPA is poised to publish a proposed rule revising regulations applicable to hazardous waste generators under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (RCRA). The proposed rule, which has not yet been published in the Federal Register, represents a significant overhaul of the RCRA generator regulations. EPA states that…
EPA is in the process of rolling out Next Generation Compliance, or NextGen, in an effort to make its programs more effective, facilitate compliance, and, ultimately, enhance environmental benefit. But in many ways, NextGen seems poised to expand enforcement against the regulated community.
NextGen consists of five interconnected components:
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Thank you to my colleague Brian Freeman for his contributions to this post. Brian is an attorney in the Environmental & Utilities Practice Group who has significant experience with underground storage tank issues for industrial and petroleum clients.
On July 15, 2015, the United States Environmental Protection Agency (EPA) published a final rule significantly expanding…
Thank you to my colleague Bob Melvin for his contributions to the post below. Bob is a partner in the Environmental & Utilities Practice Group whose practice focuses on representing manufacturers with enforcement, compliance, and permitting issues.
Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct…
It is my pleasure to announce that the Manufacturing Law Blog will have two new authors going forward. With the departure of our friend and colleague, Pam Elkow, Matt and I have asked Megan Baroni and Earl Phillips to join our team. Both Megan and Earl are members of our firm’s Environmental + Utilities Group,…
Even if you’re well-versed in environmental statutes, one you might not spend a lot of time thinking about is the Toxic Substances Control Act, or TSCA. That’s because, with a few notable exceptions (PCBs being a good example), TSCA currently focuses on regulating new chemicals as they are introduced into commerce, or on significant…
(Many thanks to my colleague and source of all info air related, Brian Freeman, who wrote today’s post.)
Malfunctions happen, even at a well-managed facility. When they happen, they can cause a facility to deviate from emission limits or other standards regarding (among other things) hazardous air pollutants. Furthermore, through several court rulings and…
Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front. Now, it’s my turn to provide some thoughts for 2015 the EHS front. I’m not sure I’d call all of these predictions, since we know that they’re out there – more…
Obviously, our blog focuses on issues that affect manufacturers. Specifically, my posts deal with environmental or health and safety issues manufacturers face. Sometimes, though, it’s good to step back and remember that manufacturers are also companies that occupy buildings and have employees, and there are environmental or health and safety issues that just go along…
