Executive Order 13868 – the Push is on to Maximize Energy Production – Climate Change Impacts and the Local Environment – Nevermind.

On April 10, 2019, the Trump administration published Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” which directs the EPA Administrator to, “consult with states, tribes, and relevant executive departments and agencies in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should be clarified to be consistent with the policies described in section two of this order.” The policy referred to in section two states, in relevant part:

It is the …

Continue Reading

Avoiding Surprise: Unregulated Chemicals and Risk Webinar

Co-EditoGeorge Buermann be co-presenting a Perrin webinar titled “Avoiding Surprise: Unregulated Chemicals and Risk” on May 14, 2019 from 2 – 3:30 p.m. EST.

This webinar will cover the following topics:

  • Why some chemicals are regulated
  • The risk paradigm related to chemicals: Presumption of innocence vs. Precautionary principal
  • Possible Risks: Environmental Pollution, Toxic Tort, Nuisance, and Product Liability
  • Understanding how human health/ecological risk is assessed
  • Risk management/mitigation strategies

Learn more and register here.…

Continue Reading

Glyphosate Alert: ATSDR Releases Draft Toxicological Profile and Governments Enact Restrictive Legislation

There have been several notable updates regarding glyphosate. First, and notwithstanding the US EPA’s long maintained position that glyphosate is not likely to be carcinogenic to humans, earlier this month, another US agency, the U.S. Department of Health and Human Services’ Agency for Toxic Substances and Disease Registry (ATSDR), issued a draft report on the Toxicological Profile for Glyphosate.

The draft ATSDR report was reportedly conducted over the past several years. The report states that, among other things, “a possible association between exposure to glyphosate …

Continue Reading

Third Circuit Court of Appeals Halts Construction of PennEast Natural Gas Pipeline, Must Decide Issue of Eminent Domain

Recently, we reported that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps towards building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey.

As the next development in this project’s complicated legal track, the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning on the pipeline in New …

Continue Reading

PFAS Alert: More Bipartisan Legislation Being Introduced

On March 28, 2019, U.S. Senators. Debbie Stabenow (D-Mich.), and Mike Rounds (R-S.D.), and U.S. Representatives. Dan Kildee (D-Mich.) and Jack Bergman (R-Mich.) introduced bipartisan legislation to sample water for per- and polyfluoroalkyl substances (PFAS).

The PFAS Detection Act of 2019 would authorize the United States Geological Survey (USGS) to conduct a nationwide sampling to test surface and groundwater for PFAS pollution, with a special focus on water near sites already known or suspected to be contaminated. The PFAS Detection Act also appropriates $45 million …

Continue Reading

Advanced Nuclear Power Legislation Introduced and Touted as Antidote to Climate Change

In late March, a group of fifteen bipartisan senators reintroduced the Nuclear Energy Leadership Act (NELA) bill to the Senate. This legislation was originally introduced in September of 2018, but was not voted on before the Congressional session ended at the end of the year. It is being lauded as an important means for battling climate change and to support the promotion of non-fossil fuel based energy in the United States. Early agreement across party aisles is encouraging.

As advanced, or so-called Generation IV, nuclear …

Continue Reading

The Replacements: DC Circuit Partially Vacates EPA’s HFC Rule

Last week, the U.S. Court of Appeals for the D.C. Circuit invalidated part of a 2016 EPA rule that made hydrofluorocarbons (HFCs) unacceptable for various uses in aerosols, automobile air conditioners, commercial refrigerators, and foams.

In the waning years of the Obama presidency, EPA made an effort to combat climate change by enacting two rules restricting the use of HFCs, which are greenhouse gases. EPA claimed it had authority to do so under Title VI of the Clean Air Act. Section 612 of the Act …

Continue Reading

Emerging Contaminants: Testing Finds 1,4-Dioxane Present in Dozens of Household Products

Testing conducted by the group Citizens Campaign for the Environment, which is purportedly pushing for a New York state ban on 1,4-Dioxane in household products, has found the chemical at various levels in “65 of 80” commonly used (and commonly disposed of) high-end and less expensive personal care and detergent products. In conjunction with an uptick in 1,4-Dioxane litigation, these new studies likely provide lawyers, litigants, and other concerned parties a hint at what’s to come.

As a refresher, 1,4-Dioxane is a synthetic industrial …

Continue Reading
Legionella positive

Attention New York City Cooling Tower Owners and Operators: NYC Council Expands Cooling Tower Inspection Reporting Requirements

It has been three years since Legionnaires’ disease made national headlines following an outbreak surrounding the cooling tower of the Opera House Hotel in the South Bronx. Legionnaires’ disease is a serious type of pneumonia caused by the waterborne pathogen known as LegionellaIt is contracted when susceptible individuals inhale water droplets or mist containing elevated levels of legionella bacteria. New York City has as many as 1,200 towers with evaporative heat exchangers, usually installed on the top of a building as part of …

Continue Reading

Houston-Area Rocked by Second Chemical Fire in Last 20 Days

For the second time in three weeks, black smoke was seen emitting from a Houston-area chemical plant. This time, the fire was at the KMCO plant in Crosby, Texas.

The explosion at the KMCO chemical plant happened when a transfer line ignited a tank full of isobutylene. Isobutylene is a highly flammable colorless gas. The fire also spread to a nearby storage building containing solid goods.

KMCO is a chemical manufacturing and toll processing company. KMCO’s Crosby facility has batch and continuous distillation and multiple …

Continue Reading