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Articles by Joseph Eisert
All Wrapped Up: Extended Producer Responsibility for Packaging, Special Edition
September 4, 2026 Joseph Eisert, Karl Heisler, Jeanna Murphy, Cynthia AM Stroman, Sydney Weiss King & Spalding + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: In this special edition of All Wrapped Up, we discuss MORE BREAKING NEWS in Oregon. The decision is now in. In the first federal trial to test the constitutionality of a state packaging EPR law, Judge Michael H. Simon upheld Oregon’s law in its entirety.
Chemical Safety Board Retains Funding in FY 2026 Budget | JD Supra
Introduction While Congress continues to work to finalize the federal budget for FY 2026, Congress has passed, and President Trump has signed into law, a series of bills that fund most of the federal government. One of these appropriations bills, which funds the U.S. Environmental Protection Agency and the Departments of Commerce, Energy, Interior, and Justice, also funds the U.S. Chemical Safety and Hazard Investigation Board (“CSB”).
Developments in Class VI Delegation: Arizona and Texas Await Final Rules
Law.com CompassLaw.com RadarVerdict SearchScholarChina Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionEnvironmental Law 4 minute readAugust 11, 2025 By (l-r) Cynthia Stroman, Joseph Eisert, and Zaheer Tajani, with King & Spalding.
Developments in Class VI Delegation: Arizona and Texas Await Final Rules
Law.com CompassLaw.com RadarVerdict SearchScholarChina Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionEnvironmental Law 4 minute readAugust 11, 2025 By (l-r) Cynthia Stroman, Joseph Eisert, and Zaheer Tajani, with King & Spalding.
Developments in Class VI Delegation: Arizona and Texas Await Final Rules | JD Supra
On August 1, EPA’s comment period on its proposal to grant Texas “primacy” over permitting and enforcement of Class VI underground injection wells closed, marking another milestone in the expansion of state-managed Carbon Capture and Sequestration (CCS) regulation. Class VI wells are used for CCS, or the geologic sequestration of atmospheric and other streams of carbon dioxide.
Key Recent Developments In Environmental Justice Litigation | JD Supra
Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of Louisiana that may have wide-ranging ramifications for the rest of the country.
EPA Addresses Environmental Justice and Civil Rights in Permitting | JD Supra
The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”).
Environmental, Social & Governance (ESG) | JD Supra
September 15, 2022 To embed, copy and paste the code into your website or blog: Pressures from investors and other stakeholders, the wide range of ESG interests and issues, and the fluid nature of ESG can be overwhelming. The proposed rule serves as a reminder that companies should not overlook traditional environmental regulatory developments and their potential impacts when considering ESG risks.
NOAA Interactive Tool Features Community-Level Natural Disaster Risk Mapping | JD Supra
The National Oceanic and Atmospheric Administration (“NOAA”) recently released an update to its Disaster and Risk Mapping Tool that now allows users to assess natural disaster risks at the community level.
EPA's Reconsideration of Ethylene Oxide Under the Clean Air Act - A Sign of Future Chemicals Policy to Come? | JD Supra
On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the Agency’s increasingly protective approach to risk assessment.
Major TCEQ Rulemaking Impacts Industrial Companies in Texas | JD Supra
On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over the last few years in Texas.
US EPA Issues Draft Strategic Plan | JD Supra
Emphasis on Environmental Justice and Climate Change The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice enforcement and an enhanced focus on Environmental Justice communities. In Part 1 of a series, this Client Alert provides an overview of the draft Strategic Plan and high-level observations on the first two key goals.
20 State Attorneys General Push Congress to Address Environmental Justice | JD Supra
Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration.
A First Look at California’s Executive Order Banning Fuel-Burning Vehicles and Imposing Other Greenhouse Gas Reducing Restrictions | JD Supra
Potential wide-ranging impacts on Engines, Energy, Infrastructure and Shipping California Governor Gavin Newsom’s Executive Order N-79-20 seeks to address climate change concerns and significantly reduce greenhouse gas emissions. By banning the sale of new gasoline-powered vehicles in the state by 2035 and imposing other restrictions, the Order will reignite the debate over California’s position as a leader in fighting climate change.
Return to Work: OSHA Fundamentals for the Oil and Gas | JD Supra
OSHA issued new guidance on July 8, 2020, for the oil and gas industry as part of its ongoing series of industry-specific guidance for mitigating occupational exposure risks to COVID-19. This guidance supplements OSHA’s Guidance on Returning to Work and the Interim Guidance from the CDC and OSHA for Manufacturing Workers and Employers, which applies to certain oil and gas operations, including refineries.
Return to Work: Answers for Pressing Environmental, Health & Safety Questions | JD Supra
Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities?
EPA’s Revised Rule for Ethylene Oxide ("EtO") Manufacturers | JD Supra
In a just-released air toxics rule for miscellaneous organic chemical manufacturing (“MON”) sources, the U.S. Environmental Protection Agency (“EPA”) retains its controversial risk value for ethylene oxide (“EtO”). In doing so, EPA elected to not adopt the Texas Commission on Environmental Quality’s (“TCEQ”) less stringent risk value for EtO.
Is COVID-19 a Work-Related Illness? | JD Supra
A “Reasonable and Good Faith Inquiry” Checklist On May 19, 2020, the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19).” This guidance rescinded previous enforcement guidance altering the recordation requirement for COVID-related illness and injuries.
COVID-19: New OSHA/CDC Guidance For Manufacturing and Industrial Facilities | JD Supra
On May 12, the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) issued joint “interim” guidance for manufacturing and industrial facilities “developing plans for continuing operations in the setting of COVID-19.” Recognizing that the manufacturing work environment, including production floors, assembly lines, and other areas, may pose significant exposure risks to COVID-19, the guidance...
Emerging Regulation, Enforcement, and Litigation Involving Ethylene Oxide, a Critical Substance for Sterilizing Medical Products and Devices | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
EPA and NHTSA Take Regulatory Action to Revoke California Authority to Regulate Greenhouse Gas Emissions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Updates to EPA’s Risk Management Program Immediately Effective After D.C. Circuit Issues Unexpected Early Mandate | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
D.C. Circuit Vacates Risk Management Program Delay Rule | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
EPA Signals Changes to Clean Air Act Accidental Release Program | JD Supra
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Energy Newsletter - April 2018 | JD Supra
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Energy Newsletter - January 2018
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D.C. Circuit Upholds OSHA Silica Rule
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