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On September 16, Randy Brogdon was quoted by Law 360, in an article entitled “EPA Says Malfunctions Can’t Protect Plants From Penalties”. The article discusses the EPA’s proposal to require states to change their policy with respect to imposing penalties on industrial sources for unavoidable malfunctions that result in increased air emissions. A previous version of the rule would have allowed states to offer an affirmative defense during such malfunctions so long as the facility minimized its emissions to the greatest extent possible.

Troutman Sanders is pleased to be a co-sponsor for “Healthcare Meets the Environment: A Symposium on Managing Pharmaceutical Wastes“ on Friday, September 19 from 8 a.m. to 4:15 p.m. at Georgia State University. This event was postponed from the original January 31, 2014 event date following severe snow and ice storms in Atlanta, Georgia.

Please join Troutman Sanders for a discussion of recent congressional efforts to reform the Toxic Substances Control Act (TSCA). The discussion will begin with a presentation by Jim Jones, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention on the EPA’s view of the need for and scope of TSCA reform, followed by a panel discussion of industry experts and congressional staff.

Corporate Counsel (March 17, 2014) Troutman Sanders Partners Randy Brogdon and Brooks Smith  penned an article that was featured in a March 17 posting of Corporate Counsel magazine. The article, entitled “Environmental Compliance and Commitment From the Top, From the Experts,“ discusses the increasing focus on environmental compliance…

In early February, EPA released a Notice of Data Availability (NODA) that gives the retail sector the opportunity to submit comments on the various challenges that they face in complying with the federal Resource Conservation and Recovery Act (RCRA).  In the NODA, EPA points out that retailers are challenged to make numerous hazardous waste determinations at thousands of sites, “generally by store employees with limited experiences with the RCRA hazardous waste regulations.”   The NODA is a continuation of EPA’s efforts, initiated in 2008, to address challenges related to hazardous waste pharmaceutical management.

Marketplace (February 24, 2014) – Peter Glaser, an Environmental Partner in Troutman Sanders’ Washington, D.C. office, offered comment during a Feb. 24 Marketplace broadcast on National Public Radio as to whether the Environmental Protection Agency (EPA) has the authority to require stationary sources like power plants to obtain permits for their greenhouse gas emissions.

Law360, New York (February 07, 2014,  4:13 PM ET) – Sean Sullivan, an Environmental Practice Partner in Troutman Sanders’ North Carolina office, authored an article in Law360 shedding light on 10 states recent petition to the Environmental Protection Agency to allow the states more control in regulating air pollution. The 10 Northeast states are asking the EPA to require 9 other Northern and Mid-Atlantic states to join the “Ozone Transport Region” which would then have more authority restrict air emissions in the 9 upwind states.