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I led the health sciences assessment work for the first 14 years after U.S. EPA was formed in December 1970. At the time, U.S. EPA was a very small agency. I was the only health scientist in an eight-person Office of Technical Analysis, reporting directly to U.S. EPA’s first Administrator, Bill Ruckelshaus. Continue reading
Posted Jul 29, 2019 at Corporate Environmental Lawyer
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re:focus is a design firm that specializes in developing resilient infrastructure solutions for cities and communities around the world and integrating project finance into the design process. Continue reading
Posted Jul 2, 2019 at Corporate Environmental Lawyer
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Exploring the E-Suite with Jonah Greenberger, Co-founder and President, Bright, Inc. (San Francisco, CA, and Mexico City, Mexico) Continue reading
Posted Jun 6, 2019 at Corporate Environmental Lawyer
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On May 13, 2019, U.S. EPA announced that it is adding seven sites to the Superfund National Priorities List (NPL), which includes the most serious contaminated sites in the country. Continue reading
Posted May 15, 2019 at Corporate Environmental Lawyer
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In the third installment of Jenner & Block’s Corporate Environmental Lawyer's discussion of emerging trends in Climate Change Litigation, we are discussing a quickly proliferating form of litigation—lawsuits filed by U.S. states and municipalities against companies that operate in industry sectors which have historically had high levels of greenhouse gas emissions. Continue reading
Posted Apr 24, 2019 at Corporate Environmental Lawyer
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The Alliance drives the local, state and federal policy reforms and implementation necessary to create a healthy Great Lakes for all people and wildlife, forever. We do this by communicating our thought leadership on issues, building powerful networks of influencers, and educating and activating tens of thousands of volunteers, advocates and donors each year who bring their voices to our priorities. Continue reading
Posted Apr 16, 2019 at Corporate Environmental Lawyer
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In the second installation of Jenner & Block’s Corporate Environmental Lawyer's discussion of emerging trends in Climate Change Litigation, we are highlighting recent investigations brought by US state attorneys general against private companies for allegedly misleading the public and/or company shareholders regarding the potential climate impacts of their operations. Continue reading
Posted Apr 12, 2019 at Corporate Environmental Lawyer
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On Tuesday, April 16th, from 12:00 - 1:00 pm CST, Jenner & Block is hosting an interactive webinar that will discuss how environmental claims can arise in many different contexts and how high costs can be avoided. Continue reading
Posted Apr 11, 2019 at Corporate Environmental Lawyer
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By Matthew G. Lawson The term “climate change litigation” has become a shorthand for a wide range of different legal proceedings associated with addressing the environmental impacts of climate change. Plaintiffs in climate change lawsuits may include individuals, non-governmental organizations, private companies, state or local level governments, and even company... Continue reading
Posted Apr 2, 2019 at Corporate Environmental Lawyer
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U.S. EPA continues to be on the hook for damages associated with the Gold King Mine located in San Juan County, Colorado. The federal district court in New Mexico rejected U.S. EPA’s claim that it was protected from CERCLA liability on sovereign immunity grounds and found that plaintiffs’ allegations, if proven, would demonstrate U.S. EPA’s liability as an “arranger,” “operator,” and “transporter” of hazardous waste. Continue reading
Posted Mar 12, 2019 at Corporate Environmental Lawyer
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In a 2-1 decision on February 28, 2019, the full Occupational Safety and Health Review Commission (“OSHRC”) vacated the U.S. Secretary of Labor’s Occupational Safety and Health Administration’s (“OSHA”) citation charging a roofing contractor with a “general duty clause” violation for exposing employees “to the hazard of excessive heat from working on a commercial roof in the direct sun” and separately vacated a citation for failure to train employees regarding heat-related risks. Continue reading
Posted Mar 4, 2019 at Corporate Environmental Lawyer
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On January 25, 2019, the U.S. Occupational Safety and Health Administration (OSHA) issued a Final Rule eliminating the requirement that certain employers electronically submit to OSHA information from their annual OSHA 300 log of workplace injuries and illnesses and their OSHA 301 incident reports, which are required to be created after each logged injury and illness. Continue reading
Posted Feb 1, 2019 at Corporate Environmental Lawyer
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Last week, New York Governor Andrew Cuomo announced the Consumer Right to Know Act (“Act”) as part of his proposed executive budget. The Act would authorize the New York Department of Environmental Conservation, along with the New York Department of Health and the New York Department of State, to promulgate regulations requiring product manufacturers to disclose the presence of potentially hazardous substances on their product labeling. Continue reading
Posted Jan 29, 2019 at Corporate Environmental Lawyer
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Exploring the E-Suite with Sharon Neal, Assistant General Counsel-EHS Counsel, Exelon BSC, Law Department Continue reading
Posted Jan 10, 2019 at Corporate Environmental Lawyer
OSHA’s Directorate of Enforcement Programs recently issued an enforcement memorandum to all OSHA Regional Administrators providing a new “Enforcement Policy for Respiratory Hazards Not Covered by OSHA Permissible Exposure Limits” (“Enforcement Policy”). OSHA’s 2003 policy on the same topic is now superseded and archived. Continue reading
Posted Dec 17, 2018 at Corporate Environmental Lawyer
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On December 11, 2018, the U.S. EPA and the U.S. Army Corps of Engineers jointly issued a proposed rule to define the basic jurisdictional reach of the federal Clean Water Act (“CWA”), which applies to protection of the “navigable waters” of the U.S. The proposed rule defines the term “waters of the United States,” which establishes the scope of waters subject to the CWA (“the Proposed WOTUS Rule”). Continue reading
Posted Dec 12, 2018 at Corporate Environmental Lawyer
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On Thursday, November 29th, Jenner & Block Associate Matthew Lawson will be giving a CLE presentation on the “Environmental Impact of Blockchain” at the Chicago Bar Association’s Young Lawyers Environmental Law Committee Meeting. Continue reading
Posted Nov 27, 2018 at Corporate Environmental Lawyer
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The director of the Agency for Toxic Substances and Disease Registry (ATSDR), Peter Breysse, continues to defend the agency's minimal risk levels (MRLs) for perfluorinated chemicals that were released in June 2018 as part of a draft toxicological profile. Continue reading
Posted Nov 14, 2018 at Corporate Environmental Lawyer
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On Tuesday, November 6th, Colorado voters rejected a highly contested ballot initiative which would have set unprecedented limits on oil and gas drilling in the state. The measure, Proposition 112, would have prohibited drilling new oil or natural gas wells within 2,500 feet of certain occupied buildings—including homes, schools and hospitals; various water sources—including lakes, rivers and creeks; and other areas specifically designated as “vulnerable” by the state. Continue reading
Posted Nov 8, 2018 at Corporate Environmental Lawyer
On Monday, in N.J. Conservation Found. v. FERC (No. 17-11991), the U.S. District Court for the District of New Jersey dismissed the New Jersey Conservation Foundation’s (“NJCF”) suit against the Federal Energy Regulatory Commission (“FERC”) because the Court found that the courts of appeals, and not it, had subject matter jurisdiction under the Natural Gas Act (“NGA”). Continue reading
Posted Oct 31, 2018 at Corporate Environmental Lawyer
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On November 5, 2018, the United States Supreme Court will hear oral arguments on a landmark case regarding the preemptive effect of the Atomic Energy Act of 1954 (the “Atomic Energy Act”) on a state’s regulation of uranium mining. Continue reading
Posted Oct 22, 2018 at Corporate Environmental Lawyer
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The Trump Administration has released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions. The EPA-specific regulatory agenda lists 148 regulatory actions in either the proposed rule stage or final rule stage. Continue reading
Posted Oct 17, 2018 at Corporate Environmental Lawyer
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Under the Trump Administration, EPA has expressed a renewed focus on the Superfund program and making sure that site cleanups operate optimally. The Superfund Task Force has made a number of recommendations, including recommending that EPA “Promote the Application of Adaptive Management at Complex Sites” and “Broaden the Use of Adaptive Management (AM) at Superfund Sites.” Continue reading
Posted Oct 8, 2018 at Corporate Environmental Lawyer
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On September 27, 2018, Acting EPA Administrator Wheeler signed the final Fees Rule, setting out the fees EPA will impose on industry to pay for the costly TSCA review process. Continue reading
Posted Sep 28, 2018 at Corporate Environmental Lawyer
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On September 13, 2018, the United States Environmental Protection Agency (“EPA”) took the final, unprecedented step of adding a contaminated site to the Superfund National Priorities List (“NPL”) based solely on the risk to human health posed by indoor air vapor intrusion at the site. The newly designated site, which consists of the former Rockwell International Wheel & Trim facility and its surrounding 76 acres (the “Site”), is located in Grenada, Mississippi. Continue reading
Posted Sep 17, 2018 at Corporate Environmental Lawyer