European Union’s Lilial Ban Puts Social Media Microscope on U.S. Products Containing the Chemical Compound

Lilial, the trade name of a chemical compound commonly used as a perfume in cosmetics, shampoos, and cleaning products, which is known by its longer name butylphenyl methylpropional, has been banned in personal care products in the European Union as of March 1, 2022. And while the ban was announced nearly two years ago, the March 1deadline has garnered significant attention, prompting social media users to call attention products produced in the United States that contain the ingredient.

By way of background, in August 2020, …

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Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium

Thanks to the streaming mega hit Yellowstone, and perhaps Kim and Kanye’s brief stint in Wyoming, the West is no longer reserved for John Wayne wanna-bes and would-be snowboarders or adventurers looking to escape metropolis. In fact, our western states, historically rural and rugged, have attracted what some would consider too much attention, drawing not just the tourism of city slickers, but also the attention of big industry. While some westerners welcome industrial development and the resulting increase in job opportunities, many today are concerned …

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California Court Hears Plaintiff’s Expert Testimony in Bellwether Baby Food Toxic Metals Case

On February 3, 2022 a Los Angeles County, California judge concluded an early evidentiary hearing centered on the opinions from four of the plaintiff’s experts in one of the nation’s first lawsuits over baby food allegedly contaminated with toxic metals. In what is known in California as a Sargon hearing, the defendants asked the court to evaluate “whether reliable scientific evidence exists that lead, arsenic, and/or mercury (the “heavy metals”) can cause autism spectrum disorder (ASD), and whether lead can cause attention deficit hyperactivity disorder …

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Microplastics Suits on the Uptick

* This article is a follow-up to our October 2021 post “No Asylum from Microplastics: How Recent Studies May Spark a Flood of Environmental Litigation.”

It was inevitable. As soon as the media mentioned that microplastics were found in babies’ fecal matter—our most innocent demographic—the proverbial gloves came off, and now plastics manufacturers are in the arena sustaining blows from all angles.

Backstory

Truth bomb: It is estimated that the once esteemed and widespread use of plastics in manufacturing, dating back …

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SCOTUS to Clarify Controlling Test for Wetlands under Clean Water Act

On Monday, January 24, 2022, the Supreme Court of the United States announced that it will clarify the governing standard for determining whether wetlands are “Waters of the United States” under the Clean Water Act in Sackett v. EPA. The court granted certiorari, limited to the following question: “Whether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act, 33 U.S.C. §1362(7).”

The Sackett case involves an Idaho couple who purchased …

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Lithium-Ion Batteries; Too Good to be True?

Irony alert: that lithium battery powering up the laptop, smartphone, tablet, or smartwatch that is allowing you to view this article—which is likely the same breed of battery powering your digital camera, your teenager’s vape pen, your electric toothbrush, your father’s pacemaker, and your prized Tesla—though indeed a technological marvel, may also be contaminating your drinking water, eroding natural resources, and harming the environment in ways as copious as its innovative applications.

Truth be told, in a world consumed by climate crisis chatter and threatened …

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EPA Finalizes Fifth Unregulated Contaminant Monitoring Rule, Focusing on PFAS

On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as lithium, over a five-year period, with preliminary preparations beginning in 2022. According to the summary of the rule, published by the EPA, UCMR 5 “will provide new data critically needed …

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New York’s Statewide Ban on “Styrofoam” Starts January 1, 2022

Earlier this year the New York State Department of Environmental Conservation (NYSDEC) published proposed regulations relating to a statewide ban on the use of polystyrene foam (commonly known as Styrofoam) containers and loose fill packaging. With the comment period now closed, the polystyrene foam ban is set to go into effect on January 1, 2022.  

The ban will prohibit any person engaged in the business of selling or distributing prepared food or beverages for on- or off-site consumption from selling, offering for sale, or …

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EPA Signs Proposed Rule to Revise Definition of “Waters of the United States”

In late November, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States” protected by the Clean Water Act (CWA). The proposal aims to put back into place the pre-2015 definition, with some amendments to ensure suitability for present day. This definition, of course, determines which of the nation’s waterways falls within the definition of the CWA—the federal law that regulates the discharge of pollutants into …

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New ASTM Standard Released for Phase I Environmental Site Assessments

For nearly two years, a task force comprised of various environmental professionals has been working on revisions to the American Society for Testing and Materials (ASTM) International Phase I Environmental Site Assessment (Phase I) Standard E1527-13, which is used by prospective purchasers in real estate acquisitions in order to satisfy the All Appropriate Inquiries (AAI) requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Purchasers must meet the AAI requirements in order to establish the innocent landowner, contiguous property owner, or bona fide …

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