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A Practitioner's Guide to the Toxic Substances Control Act: Part I
Editors' Summary: TSCA provides EPA with broad authority to address potential hazards posed by the manufacture, processing, distribution in commerce, use, and disposal of chemical substances and mixtures. In this first of a three-part series, the authors begin a detailed examination of the statute and regulatory program. They review the origins, objectives, and key components of TSCA, and then analyze TSCA's scope -- focusing particularly on definitional issues and exclusions.
Syngenta Seeds, Inc. v. County of Kauai
The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...
Robinson Township v. Commonwealth
The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013, the court struck down provisions that limited the zoning powers of...
People v. Rinehart
The Supreme Court of California held that the state's moratorium on the use of suction dredges to mine gold from rivers was not preempted by federal mining law. The case arose after an individual challenged his conviction for the possession and unpermitted use of a suction dredge. He argued that the...
Louisiana State v. United States Army Corps of Engineers
The Fifth Circuit reversed a lower court decision that the U.S. Army Corps of Engineers must bear all the costs of deauthorizing the Mississippi River-Gulf Outlet (MR-GO), instead holding that the Corps' cost-sharing formula with the state of Louisiana was reasonable. The Corps has completed buildin...
Property Reserve v. Superior Court of San Joaquin County
The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to acquire for construction of two new tunnels to deliver fresh water f...