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Articles by Michael A. Nesteroff
Oregon Extended Producer Responsibility (EPR) Law Upheld In Bellwether Case
BS Ballard Spahr LLP More Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals.
Oregon Extended Producer Responsibility (EPR) Law Upheld in Bellwether Case
Summary Oregon’s Plastic Pollution and Recycling Modernization Act (RMA)—which shifts the costs of recycling packaging materials to producers of those materials and to producers of the products packaged in them—does not violate the U.S. Constitution, according to the U.S. District Court in Oregon in a ruling issued last week. The case, National Association of Wholesaler-Distributors v.
Oregon Plastic Packaging Recycling Law On Partial Hold Following Federal Court Ruling
Ballard Spahr LLP are most popular: within Insolvency/Bankruptcy/Re-Structuring topic(s) In a first-of-its-kind ruling on Oregon's Plastic Pollution and Recycling Modernization Act (RMA or the Act), U.S. District Court Judge Michael Simon on February 6 ordered the Oregon Department of Environmental Quality (DEQ) not to enforce the RMA against a trade association, the National Association of Wholesaler-Distributors (NAW), and its members.
Oregon Repeals Statewide Wildfire Hazard Map And Mitigation Requirements
Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One bill repeals the statewide wildfire hazard map, as well as application of that map to seller property disclosures, building code standards for wildfire hazard mitigation, defensible space requirements, and establishment of rules for wildlife-urban interface.
Oregon Repeals Statewide Wildfire Hazard Map and Mitigation Requirements | JD Supra
Summary Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One bill repeals the statewide wildfire hazard map, as well as application of that map to seller property disclosures, building code standards for wildfire hazard mitigation, defensible space requirements, and establishment of rules for wildlife-urban interface.
Oregon Repeals Statewide Wildfire Hazard Map and Mitigation Requirements
Summary Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One bill repeals the statewide wildfire hazard map, as well as application of that map to seller property disclosures, building code standards for wildfire hazard mitigation, defensible space requirements, and establishment of rules for wildlife-urban interface.
Compliance With State Packaging Extended Producer Responsibility Laws Due By July 1, 2025
Producers of packaging and other covered products are facing near-term deadlines to pay fees or register for programs intended to subsidize recycling in many states. With an initial fee payment due on July 1, 2025, for more than 3,000 companies under Oregon's new extended producer responsibility law, Oregon becomes the first state to begin collecting fees to implement the new law. Several other states have similar laws that require registration within the next month.
Compliance With State Packaging Extended Producer Responsibility Laws Due by July 1, 2025 | JD Supra
Summary Producers of packaging and other covered products are facing near-term deadlines to pay fees or register for programs intended to subsidize recycling in many states. With an initial fee payment due on July 1, 2025, for more than 3,000 companies under Oregon’s new extended producer responsibility law, Oregon becomes the first state to begin collecting fees to implement the new law. Several other states have similar laws that require registration within the next month.
PFAS In Biosolids: Washington State Adopts Testing Requirement
Washington state has joined the growing list of states addressing the presence of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in biosolids that are widely used in farming.
PFAS in Biosolids: Washington State Adopts Testing Requirement | JD Supra
Washington state has joined the growing list of states addressing the presence of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” in biosolids that are widely used in farming.
The 60-Day Appeal Clock is Ticking for Challenges to Oregon Wildfire Hazard Map Assignments | JD Supra
Oregon property owners who are receiving notices from the state that their property is in a zone with high wildfire risk and in a designated wildland-urban interface have until March 7, 2025 to submit appeals.
New U.S. Environmental Protection Agency Rules Up The Ante For Getting The Lead Out
The U.S. Environmental Protection Agency (EPA) has issued two rules to reduce exposure to lead in homes and drinking water. The first rule strengthens the requirements for identifying and removing lead-based paint from homes and childcare facilities built before 1978 and the second rule mandates that drinking water systems replace lead and certain galvanized service lines within 10 years.
Oregon's Real Estate ‘Love Letter' Law Takes Effect As Court Challenge Awaits
United States: Oregon's Real Estate ‘Love Letter' Law Takes Effect As Court Challenge Awaits 05 January 2022 Lane Powell To print this article, all you need is to be registered or login on Mondaq.com. In a hot real estate market, where buyers literally and figuratively are lining up to make offers on a property, some prospective buyers choose to add a personal touch to their offer by submitting what's commonly known as a "love letter" to the seller.
Washington State Designates PFAS 'Forever Chemicals' As Hazardous Substances
United States: Washington State Designates PFAS 'Forever Chemicals' As Hazardous Substances 29 October 2021 Lane Powell To print this article, all you need is to be registered or login on Mondaq.com. The Washington Department of Ecology has taken the formal step of designating the family of manufactured chemicals called per- and polyfluoroalkyl compounds as hazardous substances.
Oregon Gov. Kate Brown's Executive Order To Reduce Greenhouse Gas Emissions Survives First Legal Challenge
United States: Oregon Gov. Kate Brown's Executive Order To Reduce Greenhouse Gas Emissions Survives First Legal Challenge 23 December 2020 Lane Powell To print this article, all you need is to be registered or login on Mondaq.com.
Chemical Action Plan
United States: Washington State Agencies Solicit Public Comment On Draft PFAS Chemical Action Plan And Issue Proposed PFAS Drinking Water Action Levels 16 November 2020 Lane Powell To print this article, all you need is to be registered or login on Mondaq.com. Washington state is moving closer towards adopting standards for the group of compounds known as forever chemicals — per- and poly-fluoroalkyl substances (PFAS).
Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic | 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.
Environmental Due Diligence Carries on, With Limitations, During the COVID-19 Pandemic | 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.
Washington Court Rules Prohibition on Retail Cannabis Businesses Within 1000-Feet of a School is Measured from a Leased Line or Lot Line and Not the Formal, Recorded Boundary Line | Lane Powell PC - JDSupra
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.
Washington Court Rules Prohibition on Retail Cannabis Businesses Within 1000-Feet of a School is Measured from a Leased Line or Lot Line and Not the Formal, Recorded Boundary Line | LexBlog
The Washington State Liquor and Cannabis Board (WSLCB) regulations for issuing retail cannabis licenses prohibit, among other things, a retail cannabis business within 1000 feet of the “perimeter of the grounds” of a school. In Top Cat Enterprises, LLC v. City of Arlington, a retail cannabis license recipient sought to move from Marysville, which had just passed a ban on marijuana retailers, to Arlington, where only one retail license was available.
Washington State Appeals Court Rules Issuing Cannabis Licenses Is Not Dependent Upon Local Zoning Laws | 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.
Washington Court of Appeals Rules City Can Be Subject to Tortious Interference Damages for Denial of a Retail Cannabis License | 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.
Will the IRS Include Brownfields Properties in Its Opportunity Zone Regulations? | 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.
Odor Issues Are Moving to the Forefront as More States Allow Recreational Cannabis | 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.
Washington Supreme Court Clarifies MTCA “Owner or Operator” Liability Status | JD Supra
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Washington Wineries Facing Wastewater Permit Requirements | JD Supra
Sustainability has been a growing trend among many businesses, as much for the economic benefit as a desire to lessen the environmental impact of a facility. Often the effort to reduce, reuse and recycle is voluntary, while in other cases the result of prodding (gentle and otherwise) by government regulation. Washington state wineries, early adopters of voluntary sustainability practices, are about to get a taste of the regulatory side through a new wastewater permit coming this summer.
Washington Appellate Court Upholds County Ban on Retail Marijuana Sales | JD Supra
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Sweating the Details: It’s the Things You Overlook That Can Come Back to Bite
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New Washington State Petroleum Cleanup Program May Speed Up Opinion Letter Process
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Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law
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Washington Supreme Court Upholds Investigation Costs as a Remedial Action Under the Model Toxics Control Act But Restricts Recovery of Cleanup Costs
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Ninth Circuit Rules Settling a Non-CERCLA Environmental Claim Can Trigger the Time-Period to Bring a CERCLA Contribution Claim
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Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State
The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies that also have regulatory authority, the bottom line for any marijuana production and processing facility is that some level of compliance with odor and other emissions limits is required.
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