The U.S. Environmental Protection Agency (EPA) subpoenaed Halliburton Co. on November 10, 2010, for hydraulic fracturing data citing, among others, authority under Section 11(c) of the Toxic Substances Control Act (TSCA). In response to a request from Congress to study hydraulic fracturing's potential impact on drinking water, human health, and the environment, on September 9, 2010, EPA issued voluntary information requests to nine national and regional hydraulic fracturing service providers,...
November 8, 2010
EPA Proposes Revisions to FIFRA Procedures to Ensure Protection of Data Submitters’ Rights
On November 5, 2010, the U.S. Environmental Protection Agency (EPA) proposed revisions to the regulations at 40 C.F.R. Part 152, governing the procedures for the satisfaction of data requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 75 Fed. Reg. 68297 (online). EPA states that these regulations have not been revised since they were first issued in 1984, so many of the proposed revisions accommodate statutory and procedural changes that have occurred since then...
This memorandum provides a summary outlook on possible implications of the 2010 Congressional mid-term elections on policy and legislative developments in the U.S. Environmental Protection Agency's (EPA) regulation of chemicals and pesticides. The dramatic decline in the number of elected Democratic members, especially the loss of the majority in the House of Representatives, will make for some significant differences in the prospects for EPA's budget, legislative proposals, and general...
The U.S. Environmental Protection Agency (EPA) announced in a November 4, 2010, Federal Register notice the availability for public review and comment of a draft guidance document entitled, "Weight-of-Evidence Guidance Document: Evaluating Results of EDSP Tier 1 Screening to Identify Candidate Chemicals for Tier 2 Testing." According to EPA, the purpose of the draft guidance document is "to set forth some general principles, criteria, and considerations EPA generally believes to be...
We are pleased to announced that Lynn L. Bergeson will moderate a "quick teleconference" program sponsored by the American Bar Association (ABA) Section of Environment, Energy, and Resources entitled "Selling Green: A Concise Overview of the FTC's Proposed Guides for the Use of Environmental Marketing Claims." The November 16, 2010, teleconference will explore the Federal Trade Commission's (FTC) proposed revisions to its Guides for the Use of Environmental Marketing Claims (Green...
On Monday, July 20, 2010, the U.S. Occupational Safety and Health Administration (OSHA) held the fourth of five scheduled Injury and Illness Prevention Program (I2P2) stakeholder meetings. OSHA held the informal, information-gathering meeting for all interested parties as part of its development of a rule intended to reduce injuries and illnesses in the workplace by proactively addressing workplace safety and health hazards in a systematic way. The stakeholder meeting attendees included...
October 28, 2010
CPSC Posts Draft Final Rule Regarding Publicly Available Consumer Product Safety Information Database
The Consumer Product Safety Commission (CPSC) released an October 14, 2010, memorandum that includes its draft final rule concerning the publicly available, searchable database on the safety of consumer products, and other substances the CPSC regulates. The database is intended to provide a single point of access to reports of harm involving consumer products, manufacturer's comments on the reports, and recall information. Under Section 212 of the Consumer Product Safety Improvement Act of 2008...
On October 20, 2010, the U.S. Patent and Trademark Office (USPTO) announced that it is seeking comment on its expansion of the Green Technology Pilot Program. 75 Fed. Reg. 64692. USPTO implemented the Pilot Program on December 8, 2009, permitting patent applications pertaining to green technologies, including greenhouse gas reduction, to be advanced out of turn for examination and reviewed earlier. USPTO intends the Program to promote the development of green technologies, which could include...
October 19, 2010
OSHA Proposes Interpretation of Its Provisions for Feasible Administrative or Engineering Controls of Occupational Noise
On October 19, 2010, the Occupational Safety and Health Administration (OSHA) proposed to alter significantly its interpretation of the term "feasible administrative or engineering controls" as that term is used in the applicable sections of OSHA's General Industry and Construction Occupational Noise Exposure standards. 75 Fed. Reg. 64216. Under the standard, which is codified at 29 C.F.R. Sections 1910.95(b)(1) and 1926.52(b), employers must use administrative or engineering controls, rather...
Today the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing that it has forwarded to the Secretary of Agriculture, a draft proposed rule that would revise EPA's 2006 rule on protections for subjects in human research involving pesticides. 75 Fed. Reg. 62738 (found online). EPA announced on June 18, 2010, that it settled a lawsuit over its 2006 final rule. Under the settlement, EPA agreed to propose amendments to the rule consistent...