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"...

To further assist parties buying, selling and redeveloping impacted properties, the IEPA now provides the option for an expedited review under the Agency’s Site Remediation Program. To obtain an expedited review, a Remediation Applicant must execute an expedited review agreement and pay an expedited review fee of $15,000. The IEPA’s Site Remediation Program (SRP) is … Continue reading "IEPA Finalizes Expedited SRP Review Option"...

Nijman Franzetti partners Jennifer Nijman, Susan Franzetti and E. Lynn Grayson have each been selected as a Top 10 Leading Environmental Lawyer in rankings published in the January 2020 Edition of Leading Lawyers Magazine, taking three of the top five positions in the rankings. The Top 10 Leading Environmental Lawyers are chosen based on recommendations … Continue reading "Nijman Franzetti Partners Take Top Spots in 2020 Leading Lawyer Rankings"...

In a summary judgment opinion in Hobart Corporation, et al. v. The Dayton Power & Light Company, et al., 3:13-cv-115, the United States District Court for the Southern District of Ohio held that untreated wood and wood ash from burning untreated wood is not a CERCLA “hazardous substance”. The Court found that even if wood … Continue reading "Court Holds That CERCLA Does Not Apply To Disposal Of A “Naturally Occurring” Hazardous Substance"...

One of the most significant regulatory challenges associated with 1,4-Dioxane for U.S. business relates to groundwater cleanup standards and how to remediate existing groundwater contamination. EPA’s recent risk assessment work will have little or no impact on this important environmental consideration at least in the short term. On July 1, 2019 EPA published notice of its draft … Continue reading "1,4-Dioxane: EPA Draft Risk Evaluation and New Developments"...