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Cannabis Manufacturer Charged with RCRA but No CDS Violations

By Stuart Kaplow on Posted in Environmental, Federal
In a criminal case that says significantly more about the prosecution than the indictment on its face, the Federal government is prosecuting a leading cannabis industry manufacturer and distributor for criminal transportation of hazardous waste. The Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to ensure that all hazardous waste generated in the … Continue Reading

EPA Cancels Pesticide Registrations to Save the Bees

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
In a rare move, the EPA issued product cancellation orders for certain pesticides effective May 20, 2019. The pesticides contain neonicotinoids that, despite their widespread use have become controversial when laboratory studies reported a link between neonicotinoids and declining bee populations, although a link has not been replicated in field studies. Neonicotinoids are compounds in … Continue Reading

Recycled Restaurant Waste Cooking Oil Can Trigger Insurance Pollution Exclusion

By Stuart Kaplow on Posted in Environmental, recycling
In a case having broad implications given the wide mandatory recycling of restaurant waste cooking oil across the country, in a decision filed on April 29, 2019, a federal appeals court held that contaminated recycled fat could trigger the “pollution exclusion” in an insurance policy. In Restaurant Recycling, LLC v. Employer Mutual Casualty Company, Restaurant … Continue Reading

Mission Critical at the Department of Defense now includes Climate

By Stuart Kaplow on Posted in Climate Change, Environmental, Federal
On August 13 the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019. The $716 billion H.R. 5515, authorizes appropriations for the Department of Defense for procurement of everything from aircraft, missiles, ammunition, shipbuilding and space defense to military installation construction; and is arguably the most significant environmental legislation enacted … Continue Reading

The Hottest Environmental Trend is Sustainable Business Practices

By Stuart Kaplow on Posted in Environmental, Green Building, Sustainability
In a dramatic shift the fastest growing environmental issue in 2018 is sustainable business practices. At a time when many issues are politically charged, including environmental matters, a major shift in public opinion is happening. There are dramatic changes ongoing as a consequence of the last Presidential election that will result in less and different … Continue Reading

Back to the Future with “Navigable Waters of the United States”

By Stuart Kaplow on Posted in Environmental, Federal
Last week the Environmental Protection Agency and U.S. Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.” But, the 2015 Rule will now not be applicable until two years following publication of the applicability date rule in the Federal Register … Continue Reading

Fireworks Cause Air Pollution But

By Stuart Kaplow on Posted in Environmental, Federal
In a very good example of striking the right balance between environmental protection and celebratory festivities, despite that fireworks degrade air quality with particulate matter, in the United States we have decided that the pyrotechnic show must go on. Fireworks have a storied history in the United States best articulated in a July 3, 1776 … Continue Reading

EPA Ends Perverse Practice of “Sue and Settle”

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
“The days of regulation through litigation are over,” according to EPA Administrator Scott Pruitt. In fulfilling his promise to end the practice of regulation through litigation that has harmed the American public, the EPA Administrator issued an agency wide directive on October 16, 2017  designed to end “sue and settle” practices within the Agency, restoring … Continue Reading

FTC Settles Charges Over Deceptive Zero VOC Claims

By Stuart Kaplow on Posted in Environmental, Federal, Green Building
Paint Can Label from Exhibit B in FTC Complaint
Four paint companies have agreed to settle Federal Trade Commission charges that they deceptively promoted products as containing zero volatile organic compounds (VOCs) or as emission free, including during and immediately after application. Some promotions also made explicit safety claims. Specifically, the first FTC complaint alleges, In connection with the advertising, promotion, offering for sale, … Continue Reading

Mold can be Arrested in the Marketplace

By Stuart Kaplow on Posted in Environmental, Green Building
Extensive mold contamination on ceiling and wall
Concern about exposure to indoor mold has been increasing as the public becomes sensitive to issues of building occupant health and wellbeing. Mold problems in buildings have in large measure been exacerbated by changes in building codes and construction practices that began in the 1970s. In the quest to be more energy efficient, buildings are … Continue Reading

Attorney General’s End of Third Party Settlements is Good for the Environment

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
Attorney General Jeff Sessions issued a memo on June 5, 2017 to all Department of Justice components and 94 U.S. Attorney’s Offices prohibiting them from entering into any agreement in settlement of federal claims or charges that directs or provides for a settlement payment to non-governmental, third parties that were not directly harmed by the … Continue Reading
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