The Administrator of the U.S. Environmental Protection Agency (EPA) executed an advanced notice of proposed rulemaking (ANPR) on May 9, 2014.
The ANPR seeks public comment on whether the EPA should collect and publicly disclose information on hydraulic fracturing chemicals. The public will have 90 days to submit comments.
The ANPR seeks to obtain input on a broad range of issues related to fracking chemicals. Examples of public opinions being sought include:
Should the EPA collect data on fracking chemicals and mixtures? If so, which legal mechanism(s) should the EPA use to obtain such information from the regulated community?
Whether the EPA should require the fracking community to submit the information or should it be voluntary?
What companies or practices would be subject to reporting requirements or other regulation of fracking chemicals?
What is the best method for collecting, reporting or disclosing public health and environmental data, including studies conducted by companies in the hydraulic fracturing industry?
How can the EPA protect public health and the environment associated with fracking chemicals and mixtures?
What mechanisms could be developed to make information that is reported to EPA publically disclosed and available?
How can the EPA minimize reporting burdens and costs, avoid duplication of efforts and maximize public understanding of fracking chemicals?
Once the EPA has collected all the information received during the public comment period, the agency will determine whether it should proceed with the creation of a proposed rule to regulate fracking chemicals and mixtures. Before the rule becomes final and enforceable, the EPA will publish a copy of the proposed regulation and once again seek public comment.
Companies that manufacture, import, process or distribute any chemicals used in any type of hydraulic fracturing should closely review the ANPR. The ANPR also indicates that future regulation may extend to chemical manufacturers and suppliers, as well as those who assist with mixing the chemicals to create the hydraulic fracturing fluids or who inject such fluids into the well to fracture a formation.
If you have any questions about the ANPR discussed above or would like to discuss other environmental matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?
Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
The Screenshot Problem: Why Nothing Is Really Private Anymore
Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers
Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
No Aspect of the advertisement has been approved by the Supreme Court.
Results may vary depending on your particular facts and legal
circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
