On December 4, 2017, the Wisconsin Department of Natural Resources (DNR) amended its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The rule reduces the primary annual standard for PM2.5 from 15.0 to 12.0 micrograms per cubic meter (µg/m3). DNR was required to promulgate this rule to be consistent with the U.S. EPA NAAQS for PM2.5, published in January, 2013. The DNR rule is scheduled to be effective January 1, 2018, and will be submitted to the EPA as a revision to the Wisconsin state implementation plan.
Continue Reading Wisconsin Tightens Air Quality Standards

Charles MerrillHusch Blackwell’s Charlie Merrill authored an article, “It’s Up To EPA, Congress To Act On Commerce Reg Reforms” that appeared in Law360 this week. The article identifies recommendations for reform and actions needed for this reform to take place.

The U. S. Department of Commerce recently issued a report on the input it received from

Product Liability Monitor

October 11, 2017
New Developments
America’s Opioid Epidemic: Who Will Be Held Accountable?
By Ally Schwab

In recent years America has seen an increasing number of opioid-involved deaths and is currently experiencing what the Center for Disease Control (“CDC”) describes as an “opioid epidemic.” This crisis has been devastating to many communities and individuals, and

cargo ship containersOn August 16, 2017, the Coalition of American Flange Producers, composed of Core Pipe Products, Inc. and Maass Flange Corporation, filed a petition for the imposition of antidumping duties and countervailing duties on imports of Stainless Steel Flanges from the People’s Republic of China and India.

Continue Reading Petition Summary: Stainless Steel Flanges From China And India

Stainless steel factoryOn Tuesday, July 25, President Trump spoke with The Wall Street Journal, mentioning that the administration would be taking its time on determining whether to restrict steel imports. Trump and Commerce Secretary Wilbur Ross announced in April that the Administration would be investigating the effects of steel and aluminum imports on national security under Section 232 of the Trade Expansion Act of 1962. Although the law gives Commerce 270 days to make its recommendations, their self-imposed deadline on the report for steel was June 30, which came and went with no action.

Continue Reading Trump Administration Delays Findings on Section 232 Steel Investigation

Product Liability Monitor

July 14, 2017
New Developments
Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road
By Sarah Rashid

A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly

Product Liability Monitor

June 9, 2017
New Developments
Lung Cancer Without Asbestosis? The Effects of Smoking
By Mark Zellmer

In the medical and scientific literature, a finding of asbestosis is clear evidence that asbestos at least contributed to cause a person’s lung cancer. Many medical experts regard a finding of asbestosis as essential to any finding that asbestos

Charles MerrillHusch Blackwell’s Charlie Merrill’s two part series on “The Regulatory Reforms Manufacturers Want Most” appeared in Law360 this month. The series covers manufacturers’ responses to DOC on environmental issues and examine commenters’ responses on regulations related to air pollution. Read an excerpt below:

U.S. manufacturers and their trade associations have submitted comments to the U.

environment chemicalsOn August 30, 2016, after two years of rulemaking, California’s Office of Environmental Health Hazard Assessment (OEHHA), the agency that administers California’s Proposition 65, adopted amendments to the Proposition 65 regulations that govern the “safe harbor” language deemed to be “clear and reasonable” and thus Proposition 65-compliant. The new standards provide consumers with more detailed information regarding potential chemical exposures.  The new standards go into effect August 30, 2018.  Until the effective date, warnings may use either the current warning language under existing 2008 regulations or the new warning language.  Products manufactured prior to the effective date will not be subject to the new requirements, and warnings set forth in court-ordered settlements or consent judgments prior to the effective date will continue to be deemed “clear and reasonable” for the exposures covered by those judgments.

Continue Reading Changes to California’s Proposition 65 Warning Requirements