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.
When to Settle and When to Fight: A Litigator's Framework
Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now
Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses
When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
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!
