Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

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. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

Showing 43 posts in Toxic Substances/TSCA. View our practice description for Toxic Substances/TSCA.

Connecticut Common-Law Rule Limiting Punitives Does Not Apply to Statutory Damages

Drawing a distinction between punitive damages based on statutory and common law claims, the Connecticut Supreme Court held that a common-law rule limiting punitive damages does not apply to an award of statutory damages under Connecticut’s Product Liability Act. See Biflock v. Philip Morris, Inc., 324 Conn. 402 (2016). Read More ›

D.C. Remediation Contract Can Trigger Duties to Third Party at Construction Site

In a case highlighting common-law tort duties that can arise from contractual relationships, an environmental contractor at a construction site may be liable to a subcontractor's employee who claims he was injured when exposed to petroleum contamination, according to a federal court in Washington, D.C. See Parker v. John Moriarity & Assoc., No. 15-cv-01506 (D.D.C. Dec. 14, 2016). Read More ›

TSCA Reform Implementation Update

Eight months have now passed since President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), Pub. Law 114-182, on June 22, 2016.[1]  This historic legislation overhauled the Toxic Substances Control Act (TSCA) for the first time in 40 years.[2]  Attention has now switched to EPA implementation of the new TSCA.  This alert summarizes EPA’s implementation activities and challenges since June 2016 and highlights upcoming milestones. Read More ›

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the Standards).  The final rule adopting the standards was signed on July 27, 2016 and finally published in the Federal Register on December 12, 2016.[1]  The Standards implement Title VI of the Toxic Substances Control Act (TSCA).  They are based on the formaldehyde emission limits of the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM) of the California Air Resources Board (CARB).  The Standards differ from the ATCM in several ways, but compliance with the ATCM will help substantially as companies work to meet their obligations under the Standards.  The key compliance deadline for the Standards is December 12, 2017. Read More ›

A Few States Adopt Chemical Legislation Despite TSCA Reform

State legislatures continue to consider legislation to restrict chemicals even as, at the federal level, the Toxic Substances Control Act has been thoroughly overhauled by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  As previously reported here, over 60 bills to restrict chemicals in various ways were introduced earlier this year.  Now that many state legislative sessions have ended, it’s time to assess the results, presented in the attached chartRead 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 ›

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Standards for Composite Wood Products (the Standards). The final rule adopting the standards was signed on July 27, 2016. The Standards implement Title VI of the Toxic Substances Control Act. They are based on the formaldehyde emission limits of the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM) of the California Air Resources Board (CARB). The Standards differ from the ATCM in several ways. But compliance with the ATCM will help substantially as companies work to meet their obligations under the Standards. Read More ›

Chemical Data Reporting Rule: The Time Is Now

Every four years, domestic manufacturers and importers of chemicals must report to the Environmental Protection Agency under the Chemical Data Reporting rule (CDR).  The next reports are due in three months, on September 30, 2016.  CDR reporting can be time-consuming and complex, involving different parties within a manufacturer’s supply chain.  Manufacturers who have not yet begun their reporting efforts for the 2016 submission period should begin now. 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 ›

What’s New About the Revised TSCA

After years of effort, comprehensive legislation to reform the Toxic Substances Control Act (TSCA) passed the House of Representatives on May 24, 2016.  The Frank R. Lautenberg Chemical Safety for the 21st Century Act is expected to pass the Senate the week of June 6.  President Obama is expected to sign the legislation shortly thereafter.  At that point, the Environmental Protection Agency (EPA) will begin its implementation of the new TSCA.

This alert first highlights key ways in which passage of TSCA amendments will impact industry.  Next, it outlines the key changes that the legislation will make to TSCA.  It then identifies those provisions of the bill as passed by the Senate in December 2015 that are retained in the bill as passed by the House on May 24 (thus expected to remain in the final Senate-passed version) and those provisions that are changed.  Finally, it considers what is likely to happen in the early days of implementation of the new TSCA. Read More ›