Searching Content indexed under Environmental Law by Peter Hsiao ordered by Published Date Descending.
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California's New Spray Adhesive And Aerosol Coatings Requirements – Will You Be Ready On January 1?
A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state.
United States
15 Dec 2016
Ninth Circuit Rejects CERCLA Liability For Air Emissions
Do air emissions of hazardous substances create a cleanup liability under the Superfund?
United States
16 Aug 2016
Seller Beware: California Announces Draft Plan For New Consumer Product Categories Under Its Green Chemistry Initiative
California’s toxics agency has released a draft work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry Initiative.
United States
23 Sep 2014
The "Discovery" Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes Of Repose Are Not Preempted By CERCLA
The Supreme Court ruled in CTS Corp. v. Waldburger et al. that CERCLA does not preempt state statutes of repose.
United States
18 Jun 2014
Challengers Double Down On Opposition To California’s Carbon Allowance Auctions
California's cap-and-trade program mandates that certain covered entities acquire allowances for each metric ton of greenhouse gas (GHG) they emit during specified compliance periods.
United States
7 May 2013
Next Generation Of Consumer Product Rules: California Issues Draft Green Chemistry Regulations
On July 27, 2012, California’s Department of Toxic Substances Control ("DTSC") finally released its proposed green chemistry regulations for public notice and comment.
United States
31 Jul 2012
EPA Proposes Nationwide Limits On Greenhouse Gas Emissions From Power Plants
Today, the U.S. Environmental Protection Agency (EPA) proposed a landmark rule that would establish the first national limits on greenhouse gas emissions from power plants.
United States
3 Apr 2012
Greenhouse Gas And Environmental Justice Issues Collide As California Attorney General’s Office Weighs In On Sustainable Communities Plan
On January 25, 2012, California Attorney General Kamala D. Harris filed a motion to intervene in a lawsuit challenging the "sustainable communities strategy," or "SCS," the first such strategy adopted in the state for the San Diego region.
United States
31 Jan 2012
California Adopts Historic Cap-And-Trade Program For Greenhouse Gas Emissions
Last night, California made history by enacting the nation’s first statewide, comprehensive cap-and-trade program aimed at reducing greenhouse gas emissions.
United States
28 Oct 2011
TCE Revisited: U.S. EPA Releases Long-Awaited Toxicity Reassessment Of Trichloroethylene With Potentially Vast Implications On Historically Contaminated Sites, Industrial And Consumer Products, And Liability
In a move with potentially far-reaching implications, on September 28, 2011, the U.S. Environmental Protection Agency (EPA) issued its long-awaited final health assessment for trichloroethylene (TCE).
United States
12 Oct 2011
What A Difference A Year Makes: California Delays Its New Carbon Trading Program
California's innovative cap-and-trade program to control greenhouse gas emissions will have to wait another year.
United States
13 Jul 2011
AB 32 Standstill? California's Cap-And-Trade Market On Hold Until State Assesses Viable Program Alternatives
California’s landmark Global Warming Solutions Act, Assembly Bill 32 ("AB 32"), suffered a major setback on Friday, March 18, when a California superior court judge ruled that the state did not adequately consider alternatives when developing its implementation plan.
United States
3 Apr 2011
A Seat at the Table: Ninth Circuit Announces New Rules for Defending NEPA Actions
The Ninth Circuit has removed a long-standing obstacle that prevented private parties and local governments from intervening in National Environmental Policy Act ("NEPA") cases.
United States
26 Jan 2011
Retailers and Consumer Product Makers Beware: California Imposes New Restrictions on VOCs in Cleaners, Lubricants and Insecticides
California’s air pollution rules for consumer products—always a trap for the unwary out-of-state business— just got tougher. On November 18, 2010, the California Air Resources Board ("CARB") adopted revisions to its Consumer Products Regulation for 11 categories of products, including general purpose cleaners and degreasers, glass cleaners, oven and grill cleaners, and insect sprays.
United States
1 Dec 2010
Rough Justice: U.S. Supreme Court Liberalizes Use Of Apportionment Instead Of Joint And Several Liability In Superfund Litigation And Clarifies Conditions For Imposing “Arranger” Liability Under CERCLA
In a much anticipated ruling, a nearly unanimous U.S. Supreme Court has determined that the imposition of liability as an “arranger” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA,” commonly known as the “Superfund” statute) requires evidence of taking “intentional steps” to arrange for the disposal of hazardous substances – a company’s mere knowledge of continuing spills and leaks by the purchaser of its chemicals is insufficient to impose arranger liabi
United States
6 May 2009
Environmental Marketing Claims For Plastic Products Subject To Additional Requirements In California
“Green claims” for plastic products? Not so fast. In response to continuing concerns about false and misleading advertising and marketing claims regarding the environmental benefits of plastic bags and plastic food and beverage products, the California Legislature adopted Assembly Bill 1972 (A.B. 1972) to prohibit the use of certain terms for such products.
United States
10 Feb 2009
California Presses Its Green Chemistry Initiative
California has undertaken a number of new initiatives in its environmental and product liability laws. One of the most significant is its Green Chemistry Initiative to attempt on a state level to remove or reduce toxic chemicals in products, and to require advance study and disclosure of chemical risks.
United States
27 Aug 2008
New Federal Policy Means More Cleantech For Contractors
If you want a federal contract, be prepared to go green. The Office of Federal Procurement Policy (OFPP) is planning to require all federal agencies to give priority to providers of green products and services.
United States
10 Jun 2008
New EPA Rule Reduces RCRA Reporting Requirements
On April 4, 2006, EPA published a new rule regarding federal hazardous waste regulations in an effort to reduce recordkeeping, reporting, and inspection requirements imposed on businesses, states, and the public. See 71 Fed. Reg. 16862 (Apr. 4, 2006). The new rule, which becomes effective May 4, 2006, is intended to reduce the paperwork burden imposed under the Resource Conservation and Recovery Act (RCRA). Industries affected by the new rule include manufacturing, transportation, waste treatmen
United States
9 May 2006
EPA Publishes Final Rule on All Appropriate Inquiries
On November 1, 2005, the Environmental Protection Agency published its long-awaited final rule setting federal standards for the conduct of all appropriate inquiries. 70 Fed. Reg. 66070 (Nov. 1, 2005). "All appropriate inquiries" is the process of evaluating a property’s environmental conditions and assessing potential liability for any contamination, and is a key test in determining future liability for prospective purchasers of the property.
United States
3 Nov 2005
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