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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 7 posts in Manufacturing.

Missouri Federal Jury Awards $20.6 Million for TCE Exposure; No New Trial

A Missouri federal court denied a ball bearings manufacturer’s request for a new trial after a jury hit it with $20.6 million in compensatory and punitive damages in a trichloroethylene (“TCE”) exposure case, and the Court denied Defendants’ request for a new trial.  Kirk v. Schaeffler Group USA, Inc., No. 3:13-cv-5032 (W.D. Mo. July 13, 2016). Read More ›

States Consider Over 60 Bills Regulating Chemicals in 2016

Although legislation to overhaul the Toxic Substances Control Act (TSCA) is under near-final consideration, states continue to consider restrictions on chemicals.  In the absence of TSCA reform, over 20 states are considering 60 different bills that would regulate the manufacture and sale of chemicals or restrict their use in products.  Some bills would establish broad regulatory authority to regulate chemicals in products – akin to California’s Safer Consumer Products regulations – whereas others would target specific chemicals of concern or narrow product types.  Almost half of the state proposals would regulate the use of chemicals in children’s products.  Other areas of legislative activity include limitations on the use of flame retardants, mercury, and bisphenol A, or a focus on personal care products, cosmetics, and cleaning products.  The bills range from notification or labeling requirements to blanket prohibitions on certain chemicals in defined products.  This chart provides details regarding active state bills in the 2016 legislative cycle. Read More ›

Evolving State Green Chemistry Initiatives

States continue to enact new laws and implement a diverse array of programs and
requirements seeking to regulate the manufacture, sale, and use of chemicals in
products.  Some state requirements have a narrow scope limited to particular
chemicals or products (e.g., children’s products), whereas others, such as
California, have instituted comprehensive regulatory frameworks that govern the
use of chemicals in a broad range of products.  Amidst all of this state
activity, Congress is nearing passage of a bill that would overhaul the federal
Toxic Substances Control Act (TSCA) and strengthen the national program for
reviewing and regulating chemicals. Read More ›

EPA Labeling Requirements for Products Containing or Manufactured with a HCFC Begin January 1, 2015

Effective January 1, 2015, products imported or manufactured after that date that contain or were manufactured with a hydrochlorofluorocarbon (HCFC) must be labeled before they may be placed into interstate commerce.  These newly effective labeling requirements will largely affect imported products. Read More ›

Retailer Pays $2M Fine for Alleged Distribution of Recalled Products by Contractor, Agrees to Maintain Internal Compliance Program

In a press release issued on September 17, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Michigan-based retailer, Meijer Inc., will pay a $2 million dollar fine to resolve allegations that it knowingly introduced recalled products into commerce.  Along with the monetary penalty, the settlement agreement provides that Meijer will implement and maintain a reverse logistics compliance program that will include a written policy to address the handling of recalled goods as well as training for employees to prevent future violations. Read More ›

“Safe Chemicals Act,” First TSCA Reform Bill of 113th Congress, Reintroduced

On April 10, 2013, Senator Frank Lautenberg (D-NJ) reintroduced the “Safe Chemicals Act” to “amend the Toxic Substances Control Act (TSCA) to ensure that risks from chemicals are adequately understood and managed.”[1] The 2013 bill, S. 696, is identical to the version of the Safe Chemicals Act that was approved by Democrats in the Senate Environment and Public Works (EPW) Committee in December 2012 on a party line vote, but which died at the end of the 112th Congress having seen no further activity.   Read More ›

EPA Proposes to Require 36 States to Revise Startup, Shutdown, and Malfunction Air Emission Provisions in State Implementation Plans

On February 22, 2013, the U.S. Environmental Protection Agency (EPA) published a proposed rule that requires 36 states to revise startup, shutdown, and malfunction (SSM) provisions in their State Implementation Plans (SIPs). The proposed rule responds to a rulemaking petition filed by the Sierra Club. The petition claims that previously approved SIP provisions are inconsistent with the Clean Air Act because they include emission limit exemptions during periods of SSM. If this proposal becomes final, the SSM protections that may facilities are relying on for excess emissions during times of startup, shutdown and malfunction may no longer be available. Read More ›