Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 18 posts by Sarah A. Kettenmann.

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 ›

NEC Future Names Preferred Alternative and Releases the Final Tier 1 Environmental Impact Statement

After nearly four years of planning and evaluation, the Federal Railroad Administration (FRA) released its Preferred Alternative to improve the Northeast Corridor for passenger rail transportation from Washington, DC, to Boston. Read More ›

OSHA Issues New Beryllium Standards

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries.[1]  Upon effect, the final rule will reduce the permissible exposure limit (PEL) for beryllium and establish short-term exposure limits.  It will also require employers to both implement controls to limit worker exposure to beryllium and to establish programs to provide medical monitoring.  The final rule is intended to protect a worker population of approximately 62,000 workers.  It sets specific standards for three industries: general, construction, and shipyards, with a staggered timeline for compliance.  The final rule can be accessed here. Read More ›

New TSCA Requirements for Chemical Importers

Companies planning to ship chemical-based products to the United States should have a basic understanding of the Toxic Substances Control Act (TSCA),[1] the key U.S. chemicals law.  That law was substantially amended in June 2016.[2]  While a foreign entity is not subject to TSCA, its products generally cannot enter the U.S. without TSCA compliance by its U.S. trading partner who imports the products.  This article presents an overview of TSCA as amended from the perspective of an importer.  It addresses the scope of TSCA; who must comply; import certification; Inventory requirements; significant new use rules; prioritization, evaluation, and risk management; testing requirements; reporting and recordkeeping requirements; protection of confidential information; new requirements on formaldehyde in composite wood products; and enforcement and penalties. Read More ›

Beveridge & Diamond Secures Clemency on Behalf of Pro Bono Client

On August 3, Sarah Kettenmann, an associate in Beveridge & Diamond’s New York Office, secured clemency on behalf of a pro bono client of the firm. President Obama commuted the client’s sentence to expire on December 1, 2016, eight years earlier than the client’s original release date. Read More ›

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for
personal injury caused by contamination from Superfund sites.  The legislation is a result of public concern about the discovery of water contamination in Hoosick Falls, New York, and  Flint, Michigan. Read More ›

New Ratemaking Order Revamps Conventional Cost-of-Service Ratemaking for New York Utilities

The State is Seeking to Align Utility Business Models With REV Policy
Objectives

Summary:  On May 19, 2016, the New York Public Service Commission adopted an order setting forth a new model framework for ratemaking and utility revenue (Ratemaking Order) within the Reforming the Energy Vision program.  The Ratemaking Order provides nine measures that the Commission expects will help utilities and other stakeholders transition to the new framework.  This alert highlights two of the nine measures and provides key upcoming deadlines established by the Ratemaking Order. Read More ›

TSCA Reform Becomes Law; Now the Clock Starts to Tick on Implementation

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, H.R. 2576. Read More ›