New amendments effective April 1st under California’s Proposition 65 “Clear and Reasonable Warning” regulations (Prop 65) clarify how entities in the supply chain can satisfy their warning obligations when the ultimate retailer is uncertain. The California Office of Environmental Health Hazard Assessment (OEHHA) now will require that the manufacturer, producer, packager, importer, supplier, or distributor … Continue reading "Prop 65 Update: New Amendments Clarify Supply Chain Warnings"...

EPA recently announced its renewed emphasis on encouraging regulated entities to voluntarily discover, promptly disclose, expeditiously correct, and take steps to prevent recurrence of environmental violations. Specifically, EPA is taking steps to enhance and promote the eDisclosure program and to encourage new owners to take advantage of opportunities to increase compliance through reliance on existing … Continue reading "EPA’s Renewed Emphasis on Self-Disclosed Violation Policies"...

Since 1995, the U.S. EPA (EPA) has created incentives for regulated entities to voluntarily disclose regulatory violations. In particular, if an entity discloses a violation and corrects the problem within 60 days, the EPA will not recommend criminal charges and will reduce any penalties based on the seriousness of the environmental harm (the “gravity” of … Continue reading "How to be “eCareful” about the U.S. EPA’s New eDisclosure Portal"...

By Jennifer T. Nijman Finally, there is a substance that, when sent to a CERCLA Superfund Site, does not subject a party to liability. Many of us grew up in the environmental field understanding that anything sent to a site subjects a party to liability – either as a hazardous substance itself, because it contains … Continue reading "OHIO DISTRICT COURT CONFIRMS ITS RULING THAT CERCLA DOES NOT APPLY TO DISPOSAL OF A “NATURALLY OCCURRING” HAZARDOUS SUBSTANCE"...

Nijman Franzetti LLP is pleased to announce the firm’s recognition in the 2021 edition of Chambers USA, a highly regarded legal directory, featuring client-led intelligence on America’s leading lawyers for business. Nijman Franzetti was honored to be recognized with a Band 1 ranking for the eighth consecutive year as one of the top three environmental … Continue reading "Nijman Franzetti Receives 2021 Top Chambers USA Recognition"...

Molly Snittjer is co-chairing the Chicago Bar Association’s program Environmental Justice: Its Impact on Local Underserved Communities today beginning at 1. The program will highlight recent regulatory developments and actions taken by U.S. EPA and IEPA to implement environmental justice initiatives. Environmental justice leaders will discuss the impact of environmental challenges on their overburdened communities … Continue reading "Molly Snittjer Leads Environmental Justice Program Today"...

Proving causation is a core element of any tort case. An individual cannot be sued for another’s injury if he played no role in the injury occurring. But this concept becomes much more complex in the context of a toxic-tort case. The medical conditions allegedly caused by exposure to toxic substances can take decades to … Continue reading "Is Illinois Re-Thinking Causation in Toxic Tort Cases?"...

OEHHA has scheduled a public hearing on March 11, 2021 at 10:00 a.m. PT as a result of a request from The Gorilla Glue Company. The hearing will be conducted remotely. Information concerning how to participate in the hearing will be posted on OEHHA’s website prior to next week’s meeting. More information about the public … Continue reading "Prop 65: March 11 Short-Form Warning Public Hearing"...