Under the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), most pesticides must be registered and are subject to product labeling requirements. FIFRA defines a “pesticide” as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.” 7 U.S.C. § 136(u). A “pest” is defined in the statute to mean: “
By Maureen Harbourt, Dwayne Johnson, R. Lee Vail, P.E., Ph.D., Pam Mascari, and Lauren Rucinski
The Louisiana Department of Environmental Quality (“LDEQ”) issued an Emergency and Administrative Order on March 19, 2020, to address hardships posed to regulated facilities by efforts to combat the COVID-19 virus. See the order here.
By: Maureen N. Harbourt and Lauren J. Rucinski
Starting March 23, 2020, facilities must add one more agency to the list of those that may need to be notified in the event of an accidental release: The U.S. Chemical Safety Board (“CSB”).The CSB was established by the 1990 Clean Air Act (“CAA”) Amendments.[1] The
By: Matt B. Smith and Maureen N. Harbourt
On September 30, 2019, the United States District Court for the Eastern District of Missouri, Eastern Division, issued an Opinion and Order setting forth the remedy required for Ameren Missouri’s violation of the Clean Air Act’s Prevention of Significant Deterioration (“PSD”) program. United States v. Ameren Missouri
Pipeline companies may not exercise their powers of eminent domain granted under the federal Natural Gas Act (NGA) in federal courts when seeking to acquire state-owned lands. On September 10, 2019, in In re: PennEast Pipeline Company, LLC, the United States Court of Appeals for the Third Circuit
By R. Lee Vail, P.E., Ph.D., J.D.
Up-to-date Process Safety Information
When originally adopted in 1996, the Environmental Protection Agency (EPA) adopted
“the requirements of the OSHA PSM Standard, 29 CFR 1910.119(c) through (m) and (o), with minor changes to address statutory differences. This makes clear that one accident prevention program to protect workers,
On Tuesday, December 11, 2018, the Environmental Protection Agency (“EPA”) and U.S. Army Corp. of Engineers (“ACE”) proposed a rule revising the definition of “waters of the United States.” The so-called WOTUS rule defines the scope of Clean Water Act (“CWA”) jurisdiction and the permitting requirements thereunder, and has been in
On December 3, 2018, the EPA published a final rule in the Federal Register (83 FR 62268) making the 2017 amendments effected as of that day. In doing so, the EPA noted that it had no discretion in the matter as the U.S. Court of Appeals for the District
Facilities subject to a Part 70 air operating permit are afforded an “affirmative defense” to liability for civil penalties for releases to air that exceed technology-based permit limitations, provided they strictly adhere to both the requirements of the “upset” rule in LAC 33:III.507.J and General Condition N of the Part 70
