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Articles by John Ewald
King & Spalding - JDSupra
From a litigation perspective, designating PFOA and PFOS as CERCLA hazardous substances will have a substantial impact on future litigation. Currently, EPA’s Chemical Data Reporting (CDR) rule under the Toxic Substance Control Act (TSCA) only requires that manufacturers report use of PFOA and PFOS above a 2,500 pound threshold at an individual site, while Toxic Release Inventory (TRI) reporting requirements currently require reporting for annual releases over 100 pounds for PFOA and PFOS.
Spotlight on PFAS and Other Substances in Cosmetics Likely to Grow in 2022 | JD Supra
This year – 2022 – may finally be the year that the effort to modernize safety standards in the U.S. for cosmetics and other personal care products, which has been ongoing since 2013, comes to fruition. If so, the new cosmetics law will further focus a spotlight on the safety of perfluoroalkyl or polyfluoralkyl substances (PFAS) in cosmetics, and focus a spotlight on the safety of other substances in cosmetics, as well.
EPA’s Inspector General Recommends Review of Ethylene Oxide and Chloroprene Standards to Address Health Risks, Environmental Justice Concerns | JD Supra
On May 6, 2021, the U.S. Environmental Protection Agency’s (“EPA”) Office of Inspector General (“OIG”) published the results of an audit examining EPA’s response to updated cancer risk values for two chemicals: ethylene oxide (“EtO” or “EO”) and chloroprene. OIG is an independently-funded office within the EPA that performs investigations to prevent “waste, fraud, and abuse” in EPA programs.
Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims
Law360 (October 16, 2020, 4:20 PM EDT) -- Courts have been divided for decades on whether to allow claims for medical monitoring, even when a plaintiff is not suffering a present physical injury. But many jurisdictions have not yet definitively ruled on the issue. And in some jurisdictions, no court — state or federal — has weighed in on the question at all.
Before COVID-19, U.S. fishing years marked by milestones in sustainability
244 stocks with known status, 198 (or 81%) are not overfished, leaving 46 stocks (19%) listed as overfished. Credit: NOAA Two announcements today from NOAA Fisheries offer a "snapshot in time" of the population status of U.S. federal fisheries in 2019, and the economic performance of commercial fishing, recreational fishing, and related businesses in 2017. Scientists find that the vast majority of U.S. fish stocks continue to be strong, successful and achieving long-term sustainability goals.
Security Fears Poor Census Return will Delay Gate Access
The Public Safety Committee (PSC) met on Thursday, March12. LWA Board members Randy Smith, Chris Heisler, and Carol Fairfull were in attendance. Randy Smith reported on recent LWA Board activity. Board activity was mostly unrelated to PSC issues. Pete Newell, Security Supervisor, reported the new security software (gate access) installation is proceeding as they attempt to work-out-the-bugs and to get the new system working.
Preparing Evacuation Routes will be Association’s Primary Focus.
The Public Safety Committee (PSC) met on Thursday, February 13. LWA Board members Randy Smith, and Chris Heisler attended the meeting. Randy Smith, LWA Board liaison, reported on recent LWA Board activity. The new Security Department software is currently being tested and assessed. A new fire management division (within Public Works) was created for the purpose of bringing Wildwood roads up to fire codes regarding roadside clearance requirements and removal of roadside fire fuel.
Stonegate Security to Host Community Meeting
Pete Newell, Security Supervisor, reported that the holidays had been relatively quiet in respect to law enforcement or safety concerns at Lake Wildwood. There were two vehicle incidents. One involving a close call with a bicyclist nearly being hit by a car, which had apparently made a poor stop at a stop sign. A second incident involved a motorist who drove head-on into the Fair Oaks Gate, causing damage but no known injuries.
Roadside Fire Safety Tops New Rules List
The Public Safety Committee (PSC) met on Thursday, December 12. LWA Board members Randy Smith and Chris Heisler were in attendance. Randy Smith reported that roadside fuel reduction and roadside safety guidelines has become one of the Board’s current priorities. The initial approvals to adapt and implement county ordinance (commonly referred to as “the 10-10-15 rule”) will make roadside fire safety maintenance a new rule in the LWA Rules.
Keeping Secure During Power Outages
The Public Safety Committee (PSC) met on Thursday, Nov. 14. LWA Board members Randy Smith and Chris Heisler were in attendance. The committee discussed issues surrounding the power outages as it related to security. Pete Newell, Security supervisor, reported that many of the issues involving security operations during power outages have temporary solutions, and new generator power at the entrance gates is being investigated.
Gate Security One of Many Benefits to New System
The Public Safety Committee (PSC) met on Thursday, August 8. LWA Board members Randy Smith and Chris Heisler and LW General Manager Bob Mariani attended. Newly installed Board member Smith was congratulated on being elected. He will replace Bambi Flanigan as the new Board liaison to the PSC. Smith reported on recent LWA activity. The new hardware/software system for the Security Department and gate access has been purchased and will be installed and operational in September.
New Gate-Security System in Place by Fall
The Public Safety Committee (PSC) met on Thursday, July 11. LWA Board members Bambi Flanigan and Chris Heisler were in attendance. Flanigan reported on the current status of new gate access software that will be purchased from the ABDI Company. The LWA Board expects to approve the expenditures at their July meeting. It could be installed and functioning as early as this fall. Several software companies were evaluated for their capabilities.
Public Works to Join in Emergency Planning
The Public Safety Committee met on Thursday, June 13. LWA Board members Bambi Flanigan and Chris Heisler and LW General Manager Bob Mariani attended. Director Flannigan reported on recent LWA Board activity. LW Public Works Department will be taking a greater role in emergency evacuation planning. One goal is that evacuation routes need to be flexible to respond to situations.
Hundreds Attend ‘Evacuation Plan’ Meeting
The Public Safety Committee (PSC) community forum May 23 on “Emergency Alerts and Evacuation” was stranding room only, with over 200 attendees. Captain Jeff Pettitt, director of the Nevada County Office of Emergency Services (OES), spoke about alerts and communications, evacuations and the County’s Emergency Incident Command Center. He explained how CodeRed notifications will tell you to evacuate but not necessarily which way to go. This is because fire can quickly change direction.
Mailbox Vandalism in Lake Wildwood
You may have seen the most recent proposed changes to the Security Rules in the last issue of the TWI. They relate to gate access (entry into Lake Wildwood). These sections were mostly over 30 years old. They have been revised by this committee to reflect current population and enforcement needs. The LWA Board has reviewed them and they will soon be adapted by the Board. Those of you who attended one or more of the town hall forums heard them discussed.
Public Safety Committee Report
The new flashing radar speed signs have been on Wildflower Drive for one month now. Residents are already reporting a decrease in speeders! It's a good start. At the monthly Public Safety Committee (PSC) meeting Thursday, Sept. 14, Ben McNulty, Stonegate Security Director, reported he is continuing his efforts to work with Nevada County to allow the District Attorney to process CHP citations on Lake Wildwood roadways. The eventual goal is to have CHP officers supplement traffic enforcement.
Persons drunk and disorderly at our parks-a criminal misdemeanor
The Lake Wildwood Public Safety Committee (PSC) had our monthly meeting August 10. Several items were discussed including rowdy behavior at our beach parks, marijuana smoking in our parks, and the use of parks and beaches by non-residents. Several concerned residents attended the meeting to bring these issues to the attention of the PSC and to Stonegate Security Director Benjamin McNulty.
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