The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 429 (November 15, 2021) reinstated the excise taxes imposed on certain chemical substances to help clean up hazardous waste sites (“the Superfund tax”). Section 80201 of the IIJA identified more than 40 chemicals subject to the tax and the rates at which those […]
About Russell Marks
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On February 24, 2022, EPA announced that is revoking the process for correcting the substance identities of substances that were incorrectly described when they were listed on the initial TSCA Inventory in 1978. Guidelines for Inventory correction were published in 1980 when the Agency recognized that a number of the substances reported to the initial […]
Roundup has been the subject of countless lawsuits. One critical case is Monsanto v. Hardeman, 21-241. Bayer has petitioned the U.S. Supreme Court for relief. Recent Court action suggests that the Supreme Court might hear the case. In December the U.S. Supreme Court solicited the Biden administration’s opinion on whether to hear Bayer AG’s appeal of […]
EPA is proposing to add 12 chemicals to the list of toxic chemicals which are subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), section 313. Under EPCRA section 313(e)(1), any person may petition EPA to add chemicals to or delete chemicals from the list. EPA issued a statement of […]
The White House announced a multi-agency plan to address the risks posed by PFAS. The plan involves eight federal agencies including the Departments of Agriculture, Defense, Agriculture, Homeland Security, and Health and Human Services (HHS). The White House explained that “To safeguard public health and protect the environment, the efforts being announced will help prevent […]
EPA has compiled a roadmap outlining Key Actions to address the risks posed by PFAS. The roadmap identifies key actions under TSCA and other statutes including the Clean Water Act, the Safe Drinking Water Act, and Superfund. TSCA The roadmap calls for EPA to “close the door” on abandoned PFAS; i.e., PFAS chemicals that are […]
EPA is allowing manufacturers and importers additional time to submit unpublished health and safety studies’ data for 50 chemicals. The new deadline for 20 of the 50 chemicals is December 1, 2021, updated from September 27, 2021. The new deadline for the remaining 30 chemicals is January 25, 2022. The 20 chemicals in the first […]
On August 31, 2021, EPA released Toxic Substance Control Act (TSCA) final scope documents for diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). The final scope documents are the first to implement the Agency’s new policy for considering exposure to the chemicals from media that are regulated outside of TSCA including air and water, including drinking […]
On June 29, 2021 EPA finalized a rule that requires manufacturers of 50 chemicals to report health and safety studies data to the EPA. This rule was issued under the Toxic Substances Control Act (TSCA), section 8(d) and pertains to 20 chemicals EPA designated as high-priority for risk evaluation and 30 chemicals that are organohalogen […]
Danimer Scientific is facing a federal securities class action after an investor, Darryl Keith Rosencrants, filed a suit against the manufacturer in May, 2021. The suit is a result of severe stock price drops after the publication of articles alleging the manufacturer made false claims on their products. Danimer maintains that their claims are accurate. […]
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