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Publications
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04.24.2024Two PFAS Designated as CERCLA Hazardous SubstancesUpdatesThe U.S. Environmental Protection Agency announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances—PFOA and PFOS, including their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
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04.15.2024EPA’s Landmark PFAS Drinking Water StandardsUpdatesThe final rule on the National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances was announced by the U.S. Environmental Protection Agency on April 10, 2024. This update summarizes the rule and analyzes its implications for regulated entities.
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02.15.2024EPA’s Latest PFAS Push Targets Nine Substances Under RCRAUpdatesU.S. Environmental Protection Agency Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances and the agency’s corrective action authority under the Resource Conservation and Recovery Act on January 31, 2024. These proposed rulemakings align with EPA’s Strategic Roadmap, announced in 2021 as a “whole-of-agency” approach to addressing PFAS.
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10.24.2023EPA Finalizes PFAS Reporting RuleUpdatesThe U.S. Environmental Protection Agency published a final reporting rule under the Toxic Substances Control Act on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances and PFAS-containing products to report information on PFAS dating back to 2011.
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09.20.2023U.S. States Take Aim at Pollution Through Packaging LawsArticlesJeffrey Hunter and Kaela Shiigi's update as part of the Summer Sustainability Series was republished by Westlaw Today. The article outlines the current extended producer responsibility packaging laws in the United States, highlights proposed litigation, and identifies key compliance responsibilities for which products manufacturers should prepare.
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09.19.2023Unpacking PFAS Food Packaging Regulations in the USArticlesJeffrey Hunter, Andrea Driggs, and Sara Cloon's update as part of the Summer Sustainability Series was republished by Packaging Digest. The article examines current state law developments in regulating PFAS chemicals in consumer products and food packaging.
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08.31.2023Extended Producer Responsibility Packaging Laws in the United StatesUpdatesExtended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. Many U.S. states already impose requirements on producers of e-waste and batteries, but the latest spate of EPR laws has focused on packaging materials, paper and plastic products, and food service ware.
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07.06.2023Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and RetailersUpdatesThis Update examines current state law developments in regulating PFAS chemicals in consumer products and food packaging, summarizes recent litigation against product manufacturers, and outlines next steps that manufacturers, retailers, and distributors of consumer products should consider to minimize their potential liability and risk.
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03.15.2022EPA Adopts New ASTM Standard for Phase I Environmental Site AssessmentsUpdatesThe U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.
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02.02.2022
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11.12.2021A Change Is on the Horizon: A Revised ASTM Standard for Phase I Environmental Site AssessmentsUpdatesAfter a lengthy committee process, ASTM International revised its standard practice for Phase I environmental site assessments (ASTM E1527) for the first time since 2013.
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07.07.2020EPA Publishes Finalized PFAS Significant New Use RuleUpdatesThe U.S. Environmental Protection Agency on June 22, 2020, released the prepublication version of final regulations establishing “significant new use rules” for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances, a subset of per- and polyfluoroalkyl substances (PFAS).
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04.27.2020Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable WatersUpdatesUncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.”
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04.21.2020Managing COVID-19 WastesUpdatesThe U.S. Centers for Disease Control is now recommending that everyone consider wearing facemasks or other face coverings to help prevent the spread of COVID-19 in public settings where social distancing measures are difficult to maintain, which would include many workplaces.
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03.24.2020 (updated 3.26.2020)Environmental Compliance During the COVID-19 PandemicUpdatesIn the wake of coronavirus (COVID-19), businesses are finding themselves in situations where facilities need to shut down, staff are sent home, laboratories that test monthly samples are temporarily closed, or outside contractors scheduled to complete required performance testing have canceled.
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08.19.2019EPA Proposes to Narrow Water Quality Certification Authority Under the Clean Water ActUpdatesThe Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act.
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12.22.2017Column: How to navigate Oregon's Toxic-Free Kids ActArticles
Portland Business Journal
While Oregon's measure mirrors Washington's in some ways, there are a few significant differences that every Beaver State company should know. -
11.07.2017Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRAUpdatesThe Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean Water Act.
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04.05.2017Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy ProductionUpdatesPresident Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and nuclear energy resources.
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01.12.2017Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining IndustryUpdates
On January 11, 2017, the EPA's proposed rule for financial assurance requirements under Section 108(b) of the CERCLA for the hardrock mining industry was published in the Federal Register, triggering a 60-day comment period. 82 Fed. Reg. 3388 (Jan. 11, 2017).
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2012Implementing Institutional Controls at Brownfields and Other Contaminated Sites (2d ed., American Bar Association)Lawyer Publications
Chapter 52 Oregon
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09.2010/10.2010Emissions Compliance Is Not an OptionArticles
DistributedEnergy.com
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09.2009Climate Change: What’s Your Business Strategy?Articles
Oregon Insider
