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Showing 25 posts by Sarah A. Kettenmann.

New York State Adopts Drug Take Back Law Requiring Drug Manufacturers to Develop, Implement and Pay All Costs of a Statewide Drug Take Back Program

Governor Cuomo signed into law on Tuesday, July 10, 2018 the New York State Drug Take Back Act (“Act”). New York joins the State of Washington as the first two states to adopt statewide drug take back programs for unwanted drugs from households.  In 2016, Massachusetts created a narrower take back stewardship program that focused on the safe and proper collection and disposal of opioids and benzodiazepines from households.  The New York law also follows numerous West Coast city and county-level measures adopted in recent years targeting the management of unwanted medicines. Read More ›

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

OSHA has clarified its January 9, 2017 occupational health standard on beryllium.  On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general industry with respect to the definitions of “Beryllium Work Area” (BWA) and “emergency,” and the meaning of the terms “dermal contact” and “beryllium concentration.”  The amendments also clarify key provisions with respect to recycling and disposal and with respect to dermal skin exposure to trace amounts of beryllium.[1] Read More ›

USDA Seeks Comments on Proposed Bioengineered Food Disclosure Standard

On May 3, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced its proposed bioengineered food disclosure standard.  Consistent with the federal mandate signed into law on July 29, 2016, the proposed National Bioengineered Food Disclosure Standard (NBFDS) establishes the first-ever nationwide labeling requirements for bioengineered food.  USDA is charged with finalizing its implementing rules by July 29, 2018, and is accepting public comments on its proposal for 60 days. Read More ›

New York Issues Revised Proposed Amendments to SEQRA and Requests Public Comment by May 4, 2018

Earlier this month, the New York State Department of Environmental Conservation (“DEC”) issued proposed revisions to regulations implementing the State Environmental Quality Review Act (“SEQRA”), at Title 6, Part 617 of the New York Codes, Rules, and Regulations (“NYCRR”) and to sections of the SEQRA Short and Full Environmental Assessment Forms. The proposed revisions follow the DEC’s original proposed amendments (“2017 proposal,” described below), released in January 2017, and respond to the hundreds of public comments that DEC received following the release of the 2017 proposal. Read More ›

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the Clean Water Act (“CWA”) and that the Federal Energy Regulatory Commission (FERC) has jurisdiction over the Millennium Pipeline, an issue raised by intervenors. The Court agreed with FERC that the one-year review period under Section 401 of the Clean Water Act commences at the moment that the NYSDEC receives a request for water quality certification, and not, as the DEC argued, upon the DEC’s determination that an application is “complete.” The Court further cautioned that DEC’s approach could indefinitely delay certification decisions and “blur [the] bright-line rule into a subjective standard.” The Court also rejected NYSDEC’s argument that it was entitled to Chevron deference and reviewed the appeal de novo, since NYSDEC’s interpretation of CWA Section 401 was not, and could not have been, approved by the U.S. Environmental Protection Agency, which is the federal agency charged with administering the CWA. Read More ›

Environmental Protection Agency Streamlines Pesticide Residue Chemistry Data Requirements for Seed Treatment Uses

On January 26, the U.S. Environmental Protection Agency (EPA) announcedreduced residue chemistry data requirements for many seed-treatment pesticide uses.  The new guidance introduces important changes to EPA policy and creates a new tiered approach for applicants to use in determining field trial requirements for new seed-treatment uses.  Read More ›

Connecticut Launches New and Incentivized Brownfields Program

On October 31, Governor Dannel Malloy signed into law Connecticut’s bipartisan budget bill, which provides for a tax incentive plan to support brownfields remediation and reuse.  The new plan, called the 7/7 Brownfields Program, aims to provide a series of income, sales, and property tax incentives to property owners for redeveloping and utilizing brownfields that have been abandoned or underutilized.  Read More ›

EPA Releases TSCA Final Rule on Prioritization of High-Priority and Low-Priority Chemical Substances

Under the amended TSCA, prioritization – EPA’s process for selecting which chemical substances to evaluate for possible regulation – is the gatekeeper. EPA has just adopted a final rule describing its process for selecting chemicals for designation as a high or a low priority for a risk evaluation.  Only those designated as High-Priority will receive detailed scrutiny; a decision on whether or not they present an unreasonable risk to health or the environment under the conditions of use; and risk management requirements (where a finding of unreasonable risk is made). Read More ›

EPA Releases TSCA Final Rule on Prioritization of High-Priority and Low-Priority Chemical Substances

Under the amended TSCA, prioritization – EPA’s process for selecting which chemical substances to evaluate for possible regulation – is the gatekeeper.  EPA has just adopted a final rule describing its process for selecting chemicals for designation as a high or a low priority for a risk evaluation.  Only those designated as High-Priority will receive detailed scrutiny; a decision on whether or not they present an unreasonable risk to health or the environment under the conditions of use; and risk management requirements (where a finding of unreasonable risk is made). Read More ›

New York Proposes First Major Amendments to SEQRA in Over Two Decades, Driven In Part by Statewide Energy Initiatives

On January 17, the New York State Department of Environmental Conservation (DEC) released proposed amendments to the State Environmental Quality Review Act (SEQRA) regulations. The proposed amendments represent the first major proposed revisions to SEQRA in more than two decades, and are intended to streamline the environmental review process by modifying the thresholds for actions that are more likely to be subject to further review under SEQRA (Type I actions), expanding the list of actions not subject to further review under SEQRA (Type II actions), and providing clarity on procedures for accepting draft Environmental Impact Statements (EISs). The proposed amendments and related documents are available hereRead More ›