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.
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Short Form Merger: Streamlining the Process for Businesses
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
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!
