May 23, 2022

Proposed CBI Rule Addresses Purpose of New Part 703 and Requirements for Asserting a Confidentiality Claim under TSCA – Update from Bergeson & Campbell, P.C.

On May 12, 2022, the U.S. Environmental Protection Agency (EPA) proposed new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by EPA under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 29078. The Frank R. Lautenberg […]

May 13, 2022

NJDEP Seeks to Enhance Transparency of Site Remediation Program Through Direct Online Access to Case Documents – Update from Manko Gold Katcher Fox

May 10, 2022 Bruce S. Katcher, Esq. MGKF Special Alert In a significant step toward increased transparency in the New Jersey Site Remediation Program (SRP), the New Jersey Department of Environmental Protection (NJDEP) announced on May 9, 2022 that it was making available to the public over 375,000 SRP case […]

May 13, 2022

Philadelphia Proposes Sweeping Revisions to 40-Year-Old Air Toxics Regulations to Require Health Risk Assessments for Virtually All Permit and License Applications and Renewals – Update from Manko Gold Katcher Fox

PUBLIC PARTICIPATION PERIOD ENDS JUNE 1 May 10, 2022 Katherine L. Vaccaro, Esq. and Michael C. Nines, P.E., LEED AP MGKF Special Alert The City of Philadelphia Air Pollution Control Board (APCB) has approved a proposed rulemaking package from Air Management Services (AMS), an arm of the Philadelphia Department of […]

May 11, 2022

First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit – Update from Manko Gold Katcher Fox

Posted on May 9, 2022 by: Stephen D. Daly Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water Act (“CWA”)? Yes, as long as the citizen suit does not seek civil penalties, according to the First Circuit in The Blackstone Headwaters […]

May 11, 2022

EPA Proposes TSCA Reporting and Recordkeeping Requirements for Asbestos – Update from Bergeson & Campbell, P.C.

On May 6, 2022, the U.S. Environmental Protection Agency (EPA) proposed reporting and recordkeeping requirements for asbestos under Section 8(a) of the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 27060. EPA proposes to require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) […]