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Update: Hazardous Waste Electronic Manifest System
Thursday, March 10, 2016
As required by the Hazardous Waste Electronic Establishment Act (Act), EPA's efforts are ongoing to develop an e-manifest system. EPA issued its final rule in February 2014 (79 Fed. Reg. 7518, February 7, 2014) seeking to implement the Act's requirement to create a national electronic manifest system and impose user fees as a means to fund its development and operation. Most recently, EPA has developed an e-manifest listserv to manage communications with the regulated community.
According to EPA, the listserv will: 1) provide stakeholders with program announcements and updates; and 2) facilitate e-manifest conversations among users and other stakeholders. There will be significant progress on the e-manifest program throughout 2016-2017, so participation in the listserv will be a good way to stay informed.
Interested parties may subscribe to EPA's listserv at https://www3.epa.gov/epawaste/hazard/transportation/manifest/e-man.htm.
EPA conducted a webinar on developments with the e-manifest system in December 2015, and the presentation provides a good overview of the program and related schedule.
Along with the hazardous waste management changes for generators recently proposed by EPA, the e-manifest system will be another significant new development for thousands of companies regulated by RCRA and subject to hazardous waste manifest requirements.
Court Orders New EPA Spill Prevention Rules
Thursday, February 18, 2016
EPA has agreed to initiate rulemaking to better address industrial waste spills as part of a settlement with a coalition of environmental groups. The Environmental Justice Health Alliance for Chemical Policy Reform (EJHA), People Concerned About Chemical Safety (PCACS), and the Natural Resources Defense Council (NRDC), sued EPA last July alleging that the Agency had failed to prevent hazardous substance spills from industrial facilities, including above ground storage tanks. See Environmental Justice Health Alliance for Chemical Policy Reform et al. v. U.S. Environmental Protection Agency, et al., case number 1:15-cv-05705, in the U.S District Court for the Southern District of New York.
Continue reading "Court Orders New EPA Spill Prevention Rules" »
Jenner & Block Webinar: The Top Environmental, Health and Safety Issues for 2016 - What You Need to Know
Wednesday, February 17, 2016
On Tuesday, February 23rd, from 12:00– 1:15 pm CT, Jenner & Block Partners Lynn Grayson and Steven Siros will present a CLE webinar on The Top Environmental, Health and Safety Issues for 2016 - What You Need to Know. The webinar will provide an overview of key environmental, health and safety issues in 2016 including the following topics:
- Issues relating to the Corps' jurisdiction under the Clean Water Act;
- Fallout under the Safe Drinking Water Act after Flint;
- U.S. EPA's Clean Power Plan regulations, UNFCCC COP 21, and the potential regulation of aircraft GHG emissions;
- Status of TSCA reform efforts;
- Litigation relating to GMOs under FIFRA;
- RCRA waste regulation amendments;
- OSHA penalty updates;
- U.S. EPA challenges;
- Water scarcity and sustainability; and
- Technological innovation and its impact on environmental practitioners.
To register for this free Webinar click here.
Steven Siros Presenting at a Webinar on Chemical Fingerprinting
Friday, January 29, 2016
On Wednesday, February 10, 2015 from 1:00 p.m.-2:30 p.m. (Central), Partner Steven Siros will be presenting at a DRI webinar titled "Relying on Chemical Fingerprinting as a Line of Evidence in Allocation Proceedings". The webinar will provide insights on the technical aspects of chemical fingerprinting for a variety of contaminants, including PCBs, dioxins, and chlorinated solvents. The webinar will also provide an overview of how courts have treated chemical fingerprinting from an expert witness standpoint as well as a case study demonstrating how this technique can be used to delineate co-mingled plumes. Michael Bock, with Ramboll Environ will also be presenting at the webinar. Here is a link to the webinar brochure.
President Obama Appoints Water Czar to Address Flint Water Issues
Wednesday, January 20, 2016
Yesterday evening, the Department of Health and Human Services designated Dr. Nicole Lurie, an agency assistant secretary, to lead the federal government's response to the elevated lead levels allegedly found in the drinking water being provided by the City of Flint, Michigan, to its residents. This designation came on the heels of a meeting between Flint's mayor and Valerie Jarrett in Washington, D.C. The federal government has elected to play a significant role in addressing this crisis, with President Obama signing an emergency declaration on Saturday which provided Flint with access to up to $5 million in federal funds. The crisis began in 2014 when Flint stopped getting water from Detroit and began obtaining its drinking water from the Flint River in an effort to lower costs.
Continue reading "President Obama Appoints Water Czar to Address Flint Water Issues" »
Are Stricter U.S. EPA Pesticide Registration Reviews on the Table for 2016?
Friday, January 08, 2016
In 2015, the United States Court of Appeals for the 9th Circuit vacated U.S. EPA's registration of the insecticide sulfoxaflor, finding that U.S. EPA lacked adequate data to ensure that its registration would not harm non-target species, and more specifically, bees. Following the 9th Circuit's decision in September 2015, U.S. EPA reversed its position on two other pesticide registrations. In October 2015, U.S. EPA indicated that it planned to ban the agricultural use of chlorpyrifos notwithstanding U.S. EPA's previously stated intention to work with industry to mitigate the risks as opposed to an outright ban. In November 2015, U.S. EPA sought to voluntarily vacate its prior registration of Enlist Duo on the basis that U.S. EPA had obtained new data suggesting that the combined toxicity of its two ingredients (glyphosate and 2,4-D) was higher than originally believed. U.S. EPA was facing litigation in the 9th Circuit with respect to both of these pesticides which likely played a role in those decisions. In addition, U.S. EPA's anticipated decision with respect to the reregistration of glyphosate has been delayed on multiple occasions and is now expected sometime in 2016.
These actions are all suggestive that U.S. EPA has elected to adopt a more stringent approach with respect to its risk reviews of pesticides under the Federal Insecticide, Fungicide and Rodentcide Act (FIFRA) and the Endangered Species Act (ESA). Such an approach is likely to result in significant delays in getting pesticide products registered and to the market. We will continue to follow these issues as we await U.S. EPA's glyphosate reregistration decision which is likely to be the next significant U.S. EPA action in the FIFRA arena.
U.S. EPA Releases 2015 Enforcement Statistics
Tuesday, December 29, 2015
The United States Environmental Protection Agency ("U.S. EPA") recently announced its 2015 enforcement statistics, noting that for fiscal year 2015, U.S. EPA initiated enforcement actions resulted in $404 million in penalties and fines. In addition, companies were required to invest more than $7 billion to control pollution and remediate contaminated sites; convictions for environmental crimes resulted in 129 years of combined incarceration for convicted defendants; and there was a total of $39 million committed to environmental mitigation projects that benefited communities throughout the United States.
The largest single penalty was the result of a Clean Air Act settlement with two automobile manufacturers that resulted in a $100 million penalty, forfeiture of emissions credits and more than $50 million being invested in pollution control and abatement measures. U.S. EPA's 2015 enforcement numbers were up from 2014 ($100 million in fines and penalties collected in 2014).
Please click here to go to U.S. EPA's 2015 enforcement statistics website.
Lynn Grayson and Steven Siros Publish Article on U.S. Legal and Regulatory Developments in Nanotechnology
Wednesday, November 11, 2015
Lynn Grayson and Steven Siros have published an article in the most recent issue of DRI's Toxic Tort and Environmental Law Newsletter titled Nanotechnology: U.S. Legal and Regulatory Developments. In the article, Ms. Grayson and Mr. Siros discuss how nanotechnology affects every sector of the U.S. economy and impacts our lives in a myriad of ways through the 1,600 nanotechnology-based consumer goods and products we use on a daily basis. The article provides an overview of how nanotechnology is defined, insights on the regulatory framework and recent developments, possible concerns about nanomaterial use, and risk management considerations for U.S. businesses utilizing nanotechnology.
The full article is available here.
IARC's Classification of Red Meat and Processed Meats as Carcinogenic Exposes Food Manufacturers, Distributers, and Retailers to Proposition 65 Liability
Tuesday, October 27, 2015
The Internet was buzzing yesterday with news that the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) has classified red meat as a Group 2A carcinogen ("probably carcinogenic to humans") and processed meat as a Group 1 carcinogen ("carcinogenic to humans"). In general, IARC evaluates the environmental causes of cancer in humans, including chemicals (e.g., formaldehyde), complex mixtures (e.g., air pollution), physical agents (e.g., solar radiation), biological agents (e.g., hepatitis B virus), and personal habits (e.g., tobacco smoking). IARC has long played a role as a source of scientific information that carries weight in federal and state regulation of potentially harmful substances and toxic tort lawsuits involving such substances.
Continue reading "IARC's Classification of Red Meat and Processed Meats as Carcinogenic Exposes Food Manufacturers, Distributers, and Retailers to Proposition 65 Liability" »
Sustainable Energy Developments
Thursday, October 08, 2015
Today Thomson Reuters' published my blog, Executive Perspective: UN Sustainable Development Summit: Sustainable Energy Developments. The blog details the new 2030 UN Sustainability Development Agenda and how the recently adopted sustainable developments goals (SDGs) will influence sustainable energy growth around the world in the coming years.
Thomson Reuters' Sustainability blog provides a wealth of information and resources on this important topic. I like to review the Editors' Picks to get see the latest and most interesting sustainability developments.
Seventh Circuit Opens the Door for End Run on General Causation in Toxic Tort Cases
Friday, September 18, 2015
A recent decision by the Seventh Circuit Court of Appeals may significantly lower the causation bar for plaintiffs in toxic tort cases. In the case C.W. & E.W. v. Textron, Inc., the Seventh Circuit was called on to evaluate a district court decision that excluded plaintiffs' experts for failing to meet the admissibility requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. The Seventh Circuit's analysis of the district court's decision was relatively straightforward and the Seventh Circuit acknowledged that the district court had carefully considered the methodology employed by plaintiffs' experts. The Seventh Circuit concluded that the district court had properly exercised its gatekeeper role under Daubert in concluding that there simply was too great an analytical gap between the data and the expert opinion being offered such that the opinion amounted to nothing more than the ipse dixit of the expert.
Continue reading "Seventh Circuit Opens the Door for End Run on General Causation in Toxic Tort Cases" »
US EPA Publishes Proposed List of National Enforcement Initiatives for FY2017–19
Wednesday, September 16, 2015
On September 15, 2015, US EPA's Office of Enforcement and Compliance Assurance published a proposed list of national enforcement initiatives (NEIs) for fiscal years 2017–19. This latest NEI list includes NEIs from the last round (FY2014–16) as well as three new potential NEIs that US EPA is considering.
Continue reading "US EPA Publishes Proposed List of National Enforcement Initiatives for FY2017–19" »
OSHA Proposes 10-Fold Reduction in Beryllium Workplace Exposure Limit
Tuesday, August 11, 2015
On August 7, 2015, the Occupational Safety and Health Administration (OSHA) published a proposed rule in the federal register that would reduce exposure limits for occupational exposure to beryllium. Beryllium is a strong but lightweight metal (it is stronger than steel, but lighter than aluminum) used primarily in the aerospace and defense industries and is classified as a strategic and critical material by the U.S. Department of Defense. OSHA estimates that approximately 35,000 workers are potentially exposed to beryllium in approximately 4,088 establishments in the United States.
Continue reading "OSHA Proposes 10-Fold Reduction in Beryllium Workplace Exposure Limit" »
State Department Approves Two Cross-Border Pipelines
Sunday, August 09, 2015
Presidential permits are required for cross-border pipeline projects, and the State Department recently approved transferring ownership of two existing cross-border pipelines.
Cross-border pipelines have been the subject of much controversy, primarily related to the highly-publicized Keystone pipeline. Despite a flurry of legislative activity earlier this year, the fate of the Keystone pipeline that would expand Canadian oil distribution to the U.S. remains uncertain.
The State Department approved the transfer of ownership of the Express Pipeline to Spectra Energy Partners. This pipeline runs from Hardisty, Alberta, Canada to Casper, Wyoming. The permit allows Spectra to connect, operate, and maintain the existing pipeline facilities at the U.S.-Canada border to transport crude oil.
The State Department also approved the transfer of ownership of a pipeline running from El Paso, Texas to the Rio Grand River on the U.S.-Mexico border to Magellan Pipeline Company. The permit allows Magellan to connect, operate, and maintain existing pipeline facilities at the U.S.-Mexico border to transport liquid petroleum products.
In addition to the Keystone pipeline controversy, cross-border pipelines in general are the subject of significant public and regulatory scrutiny. Another recent example is the Alberta Clipper pipeline from Hardisty, Alberta, Canada to Superior, Wisconsin, where the State Department was accused of accelerating pipeline approval from Enbridge Energy—facts now at issue in litigation filed by a coalition of environmental groups opposed to the pipeline.
Corporate Environmental Lawyer celebrates five years of blogging with a new design!
Monday, June 01, 2015
In honor of the fifth anniversary of our entry into the blogosphere, we are excited to announce a major revamp of the Corporate Environmental Lawyer's design. In addition to the blog's sophisticated new look, our readers will enjoy:
- Mobile and tablet responsive technology
- A trending-categories cloud list
- Easy-to-use social sharing buttons
Streamlined navigation menus
- Access to all five years of posts
In the five years since our Environmental and Workplace Health & Safety (EHS) practice created the Corporate Environmental Lawyer, we have written more than 500 posts, provided critical updates and insights on issues across the EHS legal sectors, and been ranked among LexisNexis's top 50 blogs. As we wish to continue to grow the blog and provide our readers with the information they want to know, Corporate Environmental Lawyer editors, Steven M. Siros and Genevieve J. Essig, encourage you to participate by suggesting new topics. We look forward to continuing to provide content covering the issues that are driving changes in environmental law.
EPA Revises Its Regulatory Agenda, A Flurry of Activity Expected in the Next Few Months
Wednesday, May 27, 2015
Last week, the EPA-specific listing on the website of the Office of Information and Regulatory Affairs was updated with timelines on the EPA's regulatory efforts. Of potential interest, in chronological order of expected release, are the following rules:
- May 2015 (Final Rule). Clean Water Rule: Definition of "Waters of the United States". The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers proposed a rule for determining whether a water is protected by the Clean Water Act.
- June 2015 (ANPRM and NRPM). Proposed Greenhouse Gas Endangerment and Cause or Contribute Findings Under CAA Section 231 for Aircraft, and ANPRM on the International Process for Reducing Aircraft GHGs and Future Standards. In this action, EPA will determine whether greenhouse gas emissions from aircraft cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. Concurrent with these proposed findings, EPA will release an Advanced Notice of Proposed Rulemaking (ANPRM) to provide an overview of the International Civil Aviation Organization's (ICAO) efforts to reduce greenhouse gas emissions.
- June 2015 (NPRM). Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2. These second sets of standards would further reduce greenhouse gas emissions and fuel consumption from a wide range of on-road vehicles from semi-trucks to the largest pickup trucks and vans, and all types and sizes of work trucks and buses.
- July 2015 (NPRM). Non-Hazardous Secondary Materials--Additions to List of Categorical Non-Waste Fuels; Other Treated Woods. The Treated Wood Council has submitted a petition for various types of treated wood to be added as categorical non-waste fuels. Materials classed as NHSM can be burned for fuel in lightly regulated boilers rather than more strictly regulated incinerators.
Continue reading "EPA Revises Its Regulatory Agenda, A Flurry of Activity Expected in the Next Few Months" »
New Jersey Assembly Unanimously Passes Bill Broadly Allocating Liability and Damages for Hazardous Substance Discharges from Offshore Drilling Platforms
Wednesday, May 20, 2015
Last week, the New Jersey Assembly unanimously passed a bill, A4258, which is notably broad in its language on allocating liability and damages for releases of hazardous substances from offshore drilling platforms. The bill would supplement N.J.S.A. 58:10-23.11, the New Jersey Spill Compensation and Control Act, which defines hazardous substances to include petroleum and petroleum products. The bill sets out that potentially liable parties include "[a]ny person who discharges a hazardous substance from a drilling platform" or "is in any way responsible for a hazardous substance that is discharged from a drilling platform." (Emphasis added.) This discharge need not occur within the jurisdiction of New Jersey so long as the hazardous substance eventually "enters the waters of the State." Persons that meet the above two conditions are "strictly, jointly and severally [liable], without regard to fault," for:
Continue reading "New Jersey Assembly Unanimously Passes Bill Broadly Allocating Liability and Damages for Hazardous Substance Discharges from Offshore Drilling Platforms" »
Minnesota House and Senate Each Pass Bills Banning The Sale and Manufacture of Products Containing Plastic Microbeads
Thursday, May 07, 2015
"Microbeads" are synthetic microspheres widely used in cosmetics, skin care and personal care products, which are added as exfoliating agents. Public interest groups have expressed concern that, because wastewater systems may be unable to filter microbeads from effluent released into public waterways, microbeads are entering the marine food chain. This week, the Minnesota House and Senate each passed bills that would ban the manufacture and sale of products containing plastic microbeads.
Both bills contain the same phased timeline:
- Effective December 31, 2018, no one can sell personal care products containing synthetic plastic microbeads, but persons can continue selling over-the-counter drugs containing synthetic plastic microbeads. However, that same day, no one can manufacture for sale over-the-counter drugs that contains synthetic plastic microbeads.
- Effective December 31, 2019, no one can sell over-the-counter drugs containing synthetic plastic microbeads.
Continue reading "Minnesota House and Senate Each Pass Bills Banning The Sale and Manufacture of Products Containing Plastic Microbeads" »
Revised TSCA Reform Bill Approved by Senate Environment and Public Works Committee
Thursday, April 30, 2015
At long last, with a 15-5 bipartisan vote, a Senate bill that would amend the Toxic Substances Control Act (TSCA) moved out of the Senate's Environment and Public Works Committee. Notwithstanding continuing objections from Senator Boxer, the bill that came out of the committee contained a host of changes from the original bill that were intended to address concerns that had been raised by democrats, environmental and public health advocates and U.S. EPA.
Several of these key changes include:
Continue reading "Revised TSCA Reform Bill Approved by Senate Environment and Public Works Committee" »
Earth Day 2015: Beach Clean Up!
Tuesday, April 21, 2015
On Friday, April 17th, Jenner & Block partnered with ComEd and Exelon to clean up the 12th Street beach at Northerly Island, in cooperation with the Alliance for the Great Lakes. Our group picked up over 85 pounds of broken glass, plastic beverage containers, food wrappers, cigarettes, and other miscellaneous trash and debris.
The Adopt-a-Beach program is the premier volunteer initiative for the Alliance for the Great Lakes. Teams remove litter and enter results into the Adopt-a-Beach online system to share with local beach authorities, educate the public, and improve the beaches and the health of the Great Lakes.
This picture shows our team after clean up efforts at 12th Street beach:
What will you do to celebrate Earth Day 2015? How about participating in the Adopt-a-Beach program?
To learn more about beach clean up opportunities or to schedule an event, visit http://www.greatlakes.org/.
A special thanks to our own Gay Sigel for organizing the Jenner & Block team. Thanks, Gay!
Criminal Asbestos Case Against Tennessee Salvage Company
Wednesday, January 28, 2015
U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, this week for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty Fibers Plant in Hamblen County, Tennessee, the Justice Department announced. A&E Salvage had purchased the plant out of bankruptcy in order to salvage metals which remained in the plant after it ceased operations.
U.S. District Judge Greer sentenced Mark Sawyer, 55, of Morristown, Tennessee, a former manager of A&E Salvage, to the statutory maximum of five years in prison, to be followed by two years of supervised release. A&E Salvage manager Newell Lynn Smith, 59, of Miami, Florida, was sentenced to 37 months and two years of supervised release. A&E Salvage Manager Eric Gruenberg, 50, of Lebanon, Tennessee, received a 28-month sentence. Armida, 56, and Milto DiSanti, 54, of Miami, Florida, each received sentences of six months in prison, to be followed by six months of home confinement. The judge ordered all the defendants to pay restitution of more than $10.3 million, which will be returned to Environmental Protection Agency's (EPA) Superfund, which was used to clean up the plant site contamination.
According to court documents, all the defendants pleaded guilty to one criminal felony count for conspiring to violate the Clean Air Act's "work practice standards" salient to the proper stripping, bagging, removal and disposal of asbestos. According to the EPA, the individuals engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were removed the former Liberty Fibers plant without removing all asbestos prior to demolition and stripping, bagging, removing and disposing of such asbestos in illegal manners and without providing workers the necessary protective equipment.
While managing asbestos in renovations and demolition projects can be challenging from an environmental and worker safety perspective, there clearly is a right way to do it and a wrong way. This case serves as a good reminder that taking shortcuts to save time and/or money has significant consequences.
California Seeks to Amend Proposition 65
Tuesday, January 20, 2015
On January 12, 2015, California's Office of Environmental Health Hazard Assessment ("OEHHA") proposed modifications to California's controversial Proposition 65 regulations. As any company that does business in California should know, Proposition 65 requires that a warning be provided for any product that contains one of hundreds of chemicals identified on the Proposition 65 list if there is any risk of a person being exposed to the listed chemical above a specified threshold. As a result, one is bombarded with Proposition 65 warnings from the point one disembarks onto the jet bridge until the time one arrives at his/her hotel and orders room service. OEHHA's proposed amendments to Proposition 65 appear to do little to ease the regulatory burden on companies that do business in California and/or minimize the burden of having to read all of the Proposition 65 warnings.
Overview of Proposed Changes
Warnings Must Now Identify Specific Chemicals: OEHHA has listed the following 12 chemicals which must be identified by name in any Proposition 65 warning: Acrylamide; Arsenic; Benzene; Cadmium; Carbon Monoxide; Chlorinated Tris; Formaldehyde; Hexavalent Chromium; Lead; Mercury; Methylene Chloride; and Phthalates.
Modified "Safe Harbor" Language: In order to avail oneself of the "safe harbor" warning, the warning must state that a product "can expose you" to a chemical or chemicals as opposed to the old "safe harbor" language that merely required that the warning state that the product "contains a chemical" that is known to the State to cause cancer or reproductive toxicity. In addition, for the following consumer products and services, specific warnings would be required: food and dietary supplements; alcoholic beverages; restaurant foods and non-alcoholic beverages; prescription drugs; dental care; furniture; diesel engine exhaust; parking facilities; amusement parks; designated smoking areas; petroleum products; service station and vehicle repair facilities.
New Lead Agency Website: The proposed regulations would also create a new section on the OEHHA website that would provide detailed information on products and exposures. OEHHA would also have the authority to request that businesses provide more detailed information, including estimated levels of exposure for listed chemicals.
Limited Responsibility for Retailers: Retailers would be relieved from Proposition 65 liability in most circumstances and the responsibility for providing the requisite Proposition 65 warning would fall squarely on the manufacturer, distributer, producer and/or packager.
OEHHA will be accepting written comments on the proposed changes until April 8, 2015. Not surprisingly, OEHHA's proposed regulations have not been warmly received by industry and it is expected that affected businesses and trade associations will be submitting comments in opposition to these proposed amendments. Please click here and here to see the text of the proposed amendments.
Environmental Groups Sue Over Applicability of TRI Data
Tuesday, January 13, 2015
A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory requirements about releases to the environment to apply to oil drilling and exploration, hydraulic fracturing and natural gas processing activities.
According to the lawsuit recently filed in the U.S. District Court for the District of Columbia, EPA conducted rulemaking in the 1996-1997 time frame to consider adding other industry sectors to the list of facilities required to complete TRI reporting. At that time, EPA concluded that "oil and gas extraction classified in SIC code 13 is believed to conduct significant management activities that involve EPCRA Section 313 chemicals." EPA did not regulate the oil and gas industry following these earlier rulemaking efforts and for that reason, in 2012, environmental groups petitioned EPA to initiate rulemaking to add the oil and gas industry to TRI reporting requirements. The lawsuit alleges that EPA has not responded to that petition.
The environmental groups also allege that 127 tons of hazardous air pollutants are released by the oil and gas industry annually as well as other releases to the environment through discharges to surface waters, contamination of groundwater, underground injection and disposal in landfills. The lawsuit contends that regulation of the oil and gas industry is even more important today given the expansion of hydraulic fracturing and horizontal drilling.
The environmental groups bringing the lawsuit include the: Environmental Integrity Project, Center for Effective Government, Chesapeake Climate Action Network, Citizens for Pennsylvania's Future, Clean Air Council, Delaware Riverkeeper Network, Natural Resources Defense Council, Responsible Drilling Alliance, and Texas Campaign for the Environment.
The oil and gas industry has concluded that TRI requirements never were intended to cover such facilities given the few employees typically involved in these operations and the multitude of other regulations applicable to the oil and gas industry. They also look to the 1996-1997 rulemaking effort but with a different recollection recalling that EPA confirmed at that time that "…This industry group is unique in that it may have related activities located over significantly large geographic areas. While together these activities may involve the management of significant quantities of EPCRA section 313 chemicals in addition to requiring significant employee involvement, taken at the smallest unit (individual well), neither the employee nor the chemical thresholds are likely to be met." Industry advocates have criticized these environmental groups, and particularly the Environmental Integrity Project, for attempting to manipulate data in order to oppose oil and gas development and seeking to impose additional regulatory requirements on an industry already heavily regulated.
The TRI program is an expansive regulatory initiative that mandates annual reporting obligations for certain facilities that fall within specific industry sectors, have 10 or more full time employees and manufacture or process 25,000 pounds of toxic chemicals subject to EPCRA Section 313 or otherwise use 10,000 pounds of these same chemicals in any given year. It is typically the case that many of the oil and gas extraction operations would not meet these reporting thresholds as previously concluded by EPA. It appears, however, that this issue may be debated once again in the context of this case.
Texas Petrochemical Refinery Achieves Reasoned Victory Against Clean Air Act Citizen Suit
Friday, January 02, 2015
ExxonMobil Corp. (Exxon) operates a refinery complex in Baytown, Texas, which is the largest petroleum and petrochemical complex in the U.S. This Complex is governed by Title V operating permits issued by the Texas Commission on Environmental Quality (TCEQ). In a 2010 citizen lawsuit, Environmental Texas Citizen Lobby Inc. and the Sierra Club alleged that, since 2005, equipment breakdowns, malfunctions and other non-routine incidents at the Complex caused illegal emissions of benzene, hydrogen chlorides, sulfur dioxide, hydrogen sulfide, carbon monoxide, and other substances. Plaintiffs sought $641 million in damages. On December 17, 2014, the District Court declined to impose any penalty, finding that the $1.4 million penalty and stipulation on future corrective action that Exxon previously agreed to with TCEQ was sufficient.
The case illustrates that a proactive EHS effort can pay real dividends in defending against citizen suits or enforcement actions, even if the number of violations are not in the company's favor. By way of background, all parties stipulated to Exxon's indications of noncompliance, described as:
- 241 "reportable emissions events" (i.e., those events "that release greater than a certain threshold quantity of pollutants" and are reported to TCEQ);
- 3,735 "recordable emissions events" (i.e., those events "that release less than the aforementioned threshold quantity of pollutants" but are not reported to TCEQ); and
- 901 Title V deviations.
TCEQ investigates all reportable emissions events. After investigating, TCEQ assessed about $1.1 million in penalties against Exxon, and Harris County assessed about $0.3 million in penalties. Furthermore, in 2012, TCEQ and Exxon entered into an agreed enforcement order, which stipulated penalties for future reportable emissions events and mandated four environmental improvement projects. The projects would cost about $20 million.
Finding as a threshold matter that not all of Plaintiffs' counts were actionable, the court declined to assess penalties for any of Plaintiffs' remaining counts. The Court was not persuaded that the number of events and deviations meant anything: "Despite good practices, it is not possible to operate any facility—especially one as complex as the Complex—in a manner that eliminates all Events and Deviations." Rather, the Court was persuaded that Exxon's efforts to conduct an internal investigation and implement corrective actions after every discovery of a potential non-compliance event, which conformed to or exceeded industry practice, meant that Exxon "made good faith efforts to comply with the CAA." Furthermore, the Court was not persuaded that the violations were serious or lengthy in duration, nor was it persuaded that Exxon gained any economic benefit from non-compliance. The Court entered judgment for Defendants.
The findings of fact are available here.
Governor Quinn Nixes Illinois Statute of Repose for Construction Asbestos Claims
Wednesday, December 24, 2014
In one of his last acts on the way out of office, Governor Quinn gave what some describe as a "big Christmas gift for the plaintiffs' bar" when he signed into law a bill that exempts construction-related asbestos personal injury claims from Illinois' ten-year statute of repose. SB 2221 was targeted at plaintiffs suffering from mesothelioma, a form of lung cancer with a long latency period. The bill will go into effect on June 1, 2015.
The bill was opposed by pro-business groups which argued that the bill only further reinforced Illinois' reputation for having an abusive legal climate. According to Illinois Lawsuit Abuse Watch, Madison County, Illinois is home to a quarter of the nation's asbestos litigation and this bill will certainly enable additional asbestos litigation. On the other hand, the bill's sponsors contend that the bill levels the playing field for those suffering from mesothelioma, a disease for which the symptoms may not present themselves for more than 20 years after exposure. Please click here to see a copy of the bill that was signed into law by Governor Quinn.

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On Bandcamp Radio
Featuring Ryan Porter and Tenesha The Wordsmith


text: On Sat, Jun 02, 2007 at 03:28:44AM -0700, Lion Kimbro wrote: > As far as I know, our net cosmic effect on the universe as a whole > is pretty much near zero. So far. You're likely to see first relativistic probes leaving the solar system. If we play it right, we have the potential to transform at least GLYrs of real estate around us before dark energy pulls the final curtain. Both in quantity and quality we'd be playing the very first league. > I think that the human-centric attitude is to save as much life on Earth > as we are presently capable of saving; Our major sins so far have I don't think the majority gives a damn about that. The vast majority tries to save their own ass, to feed and clothe their children, and to give them an education. Everything else is a distant forth and fifth. > been lack of information, and lack of knowledge of how to structure > our governments and relations in order to make sure that we can meet Our governments reflect the capabilities of their agents. Educated and powerful entities can recognise and fix issues bottom-up, thankyouverymuch. > our aims. > > I believe I hold a treasure-- Not uniquely, but rather rarely, > and a treasure it is: A puzzle piece on how to solve some of > the crazy religion--and-atheist debates that are happening in > our time. It's easy enough to do -- just build a human-enhancing self-replicating system, and dump it into the jetstream. Do you have any of that nanofairy dust, perchance? > When we destroy the Earth, we destroy ourselves, and when we look It is possible to detach yourself from the supporting ecology, but it's hard work. And nobody's got it done yet, so we're still vulnerable. > at it that way, the only course of action to be taken is obvious. I'm glad you find it obvious -- I don't. There's a number of things we can do, and impact of each is impossible to model accurately yet. -- Eugen* Leitl leitl http://leitl.org ______________________________________________________________ ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE


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Payments quoted are estimated monthly payments quoted per $1,000 borrowed for maximum term shown. AUTO LOAN RATES Loan interest rates and available terms are based on your credit quality, term, model year, loan to value ratio, and our usual credit criteria.
Instead of determining through statistical analysis how much someone of your age, gender and residence typically drives, State Farm wants to go to the source: your car. Ford(s f. should catch a bre.
Best Car SR22 Florida Insurance Companies. A big factor that can help you determine whether a particular company provides great Florida insurance or not is the rating.
Don't be caught without car insurance. With NAB Car Insurance cover choices, you can select a level of cover you're comfortable with that fits within your budget.
A high-performance car is a vehicle that has a lot of power compared to how heavy it is. Many people think that a high-performance car has to be a sports car, but that isn't the case. In most cases, you won't have to find insurance specific to a high-performance car, though some cars — such as cars that exceed $150K in price — require specialty insurance because many regular insurance.
Plug Metromile's free gizmo into your car and you can. If they offered per-mile insurance, all their cash cow low-mileage drivers would switch to it, and they'd have to charge high-mileage drivers.
We might complain about rush hour in downtown Providence, or the crazy merges on I95, but now Rhode Island drivers can add one more hardship to the list: the state has the highest average car insuranc.
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However rates are calculated, auto insurance remains unaffordable in many predominantly minority areas of the nation, according to an analysis by ProPublica of U.S. Census data and 30 million auto.
He spends R800 a month on petrol. His office parking costs him R750 a month and insurance R900 a month. He puts away R500 a m.
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But along with that is the worry of rocketing insurance premiums. Consumer Reports' exhaustive study of insurance rates found just how high they go up when you add a teen driver. Researchers checked p.
This tip sheet is designed to give Ohioans an understanding as to the Ohio Department of Insurance's (the Department's) role with insurance rates, how rating plans are developed, and why your insurance premiums may increase.
Get up to 15% off when you buy Car Insurance for the Northern Territory online from TIO. Comprehensive & third party. Get a quick quote online now & save.
This tip sheet is designed to give Ohioans an understanding as to the Ohio Department of Insurance's (the Department's) role with insurance rates, how rating plans are developed, and why your insurance premiums may increase.
TALLAHASSEE — Floridians are driving more and getting into a lot more accidents, and they're paying the price with rising car insurance rates that are already among the nation's highest. Premiums have.
Find cheap car hire in just a few minutes with Martin Lewis' guide. It breaks through car hire companies' hype so you get the best deal.
Motorists could be paying less for their car insurance soon, following a move by the insurance regulator on Friday designed to make rates offered by insurance companies more competitive. The China Ins.
You can get a free car insurance quote with GEICO online in just a few minutes. California also has some unique car insurance laws that make insuring a vehicle here different than other states, so read on to stay up to speed.
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State Farm Insurance, by far the largest insurer of homes in Illinois, early next year will raise rates more than it has in four years. casualty insurers has focused on a relentless series of car-p.
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Car Insurance Cambridge Ontario Zip As a follow-up to Tuesday's post about the majority-minority public schools in Oslo, the following brief account reports the latest statistics on the
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Many consumers have opened letters from their car insurance company this year. Before Lynette changes insurance companies she should call The Hartford. She is entitled to ask why her rate went up,
Getting Off of Your Parents' Car Insurance Updated on Thursday, April 26 2018 By Erika Sommer Getting off your parents' car insurance and purchasing you own policy for the first time can be intimidating.
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Unique 6-bedroom Victorian Farmhouse
Unique 6-bedroom Victorian Farmhouse
Entire house
12 guests6 bedrooms8 beds5 baths
12 guests
6 bedrooms
8 beds
5 baths
Megan is a Superhost
Superhosts are experienced, highly rated hosts who are committed to providing great stays for guests.
Self check-in
Check yourself in with the lockbox.
Sparkling clean
8 recent guests said this place was sparkling clean.
The Lower Farmhouse at Field & Stone is a recently renovated, expansive 6,000 SF home in a peaceful pocket of the bucolic Bovina hills with access to hundreds of acres of serene private land. Explore trails, streams, swimming holes, secret spots, rolling pastures, and stunning vistas.
Web: (Website hidden by Airbnb) Instagram: @fieldandstoneny
Indoor fireplace
Free parking on premises
Entire place
You'll have the space to yourself and will only share it with those you're traveling with.
Sleeping arrangements
Bedroom 1
1 queen bed
Bedroom 2
1 queen bed
Bedroom 3
2 single beds
Bedroom 4
1 queen bed
Bedroom 5
1 double bed
Bedroom 6
2 single beds
12 Reviews
Megan is a SuperhostSuperhosts are experienced, highly rated hosts who are committed to providing great stays for guests.
Megan supports the Living Wage PledgePeople who clean this host's listing are paid a living wage. Learn more
Response rate: 100%
Response time: within a few hours
Always communicate through AirbnbTo protect your payment, never transfer money or communicate outside of the Airbnb website or app.
The neighborhood
House Rules
No smoking
No pets
Check-in is anytime after 3PM
Self check-in with lockbox
Things to do near this home
Explore other options in and around Bovina Center
More places to stay in Bovina Center:


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FF:ASH09 Listening seminar I. - Course Information
ASH09 Listening seminar I.Faculty of Arts
Autumn 2019
- Extent and Intensity
- 0/0/0. 1 credit(s). Type of Completion: z (credit).
- Teacher(s)
- doc. PhDr. Jana Perutková, Ph.D. (seminar tutor)
Mgr. Michaela Ratolístková (seminar tutor)
Mgr. Hana Studeničová (seminar tutor)
- Supervisor
- doc. PhDr. Jana Perutková, Ph.D.
Academy of Ancient Music - Department of Musicology - Faculty of Arts
Contact Person: Mgr. Michaela Ratolístková
Supplier department: Academy of Ancient Music - Department of Musicology - Faculty of Arts
- Prerequisites
- Online course only, e-learning.
- Course Enrolment Limitations
- The course is also offered to the students of the fields other than those the course is directly associated with.
- Fields of study the course is directly associated with
- Theory and Practice of Ancient Music (programme FF, B-OT)
- Course objectives
- Listening of music of middle ages and renaissance.
- Learning outcomes
- At the end of the course, students will be able to: - indentificate the form, style of given samples of music - discuss the interpretation of given samples of music
- Syllabus
- Ordinarium, proprium, psalmes etc.
- Literature
- nahrávky CD
- Teaching methods
- Listening the music, e-learning support.
- Assessment methods
- Tests
- Language of instruction
- Czech
- Further comments (probably available only in Czech)
- The course is taught annually.
The course is taught: in blocks.
Information on the extent and intensity of the course: 8 hodin konzultací.
- Permalink: https://is.muni.cz/course/phil/autumn2019/ASH09


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Daddy cool: Supernatural star Jared Padalecki heads to a food festival with his wife Genevieve and son Thomas
When at work he hunts demons, ghosts and all kind sorts of other mysterious beings but out of work Jared Padalecki is a devoted husband and doting father.
The Supernatural star was spotted yesterday as he headed to the Vancouver Food Truck festival with his wife and former co-star, Genevieve and their son Thomas.
Jared was pictured carrying the four-month-old child through the fair and taking their dog for a walk, as his wife followed behind with the pushchair.
Leading the way: Supernatural star Jared Padalecki was spotted yesterday at the Food Truck festival in Vancouver with his wife Genevieve and son Thomas
Dressing for the busy day, Jared wore a black vest top with a pair of grey short and trainers.
Thomas looked adorable in navy blue a team USA ensemble and a pair of white socks.
The loving couple protected the little boy from the sun with a white blanket and a pair of cute pale blue sunglasses.
Daddy cool: Jared was pictured holdeing Thomas as he walked the dog
Doting father: The 30-year-old actor was seen beaming at his four-month-old son
Having enjoyed the day with his wife and his son, the 30-year-old actor took to his Twitter account.
He tweeted: 'Food Truck Festival in Vancouver :). My vote is for @guanacotruck!! AMAZING food AND they've been in an episode of supernatural :)'
Keeping cool: Thomas donned a pair of blue sunglasses and a team USA outfit
The other man in her life: Genevieve placed a kiss on Thomas' head as she held him
On Saturday, Thomas showed off some support for his country as they take part in the 2012 Olympic Games in London.
Impressed with his son's love from his home turf, Jared uploaded a picture of his little boy to the micro-blogging site as he beamed whilst wearing a USA T-shirt.
The caption on the image read: 'Thomas has some Olympic pride :) GO USA!!!!'
Sports fan: On Saturday Jared uploaded a picture of Thomas to his Twitter page
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6 analysts out of 15 Wall Street brokerage firms rate EnLink Midstream, LLC (NYSE:ENLC) as a Buy, while 1 see it as a Sell. The rest 8 describe it as a Hold. ENLC stock traded higher to an intra-day high of $10.12. At one point in session, its potential discontinued and the price was down to lows at $9.92. Analysts have set ENLC's consensus price at $13.61, effectively giving it a 36.24% projection on returns. Should the projected estimates be met, then the stock will likely hit its highest price at $16 (up 60.16% from current price levels). ENLC has a -9.1% ROE, lower than the 5.26% average for the industry. The average ROE for the sector is 14.22%.
It is expected that in Jun 2019 quarter ENLC will have an EPS of $0.06, suggesting a -60% growth. For Sep 2019 is projected at $0.07. It means that there could be a 75% growth in the quarter. Yearly earnings are expected to rise by 485.71% to about $0.27. As for the coming year, growth will be about 33.33%, lifting earnings to $0.36. RSI after the last trading period was 32.69. ENLC recorded a change of -1.87% over the past week and returned -14.47% over the last three months while the ENLC stock's monthly performance revealed a shift in price of -10.56%. The year to date (YTD) performance stands at 5.27%, and the bi-yearly performance specified an activity trend of -9.18% while the shares have moved -41.24% for the past 12 months.
EnLink Midstream, LLC (ENLC) currently trades at $9.99, which is higher by 0.6% its previous price. It has a total of 483.84 million outstanding shares, with an ATR of around 0.31. The company's stock volume dropped to 2.05 million, worse than 2.4 million that represents its 50-day average. A 5-day decrease of about -1.87% in its price means ENLC is now 5.27% higher on year-to-date. The shares have surrendered $43450.01 since its $18.00 52-week high price recorded on 2nd of August 2018. Overall, it has seen a growth rate of -41.24 over the last 12 months. The current price per share is $1.09 above the 52 week low of $8.90 set on 26th of December 2018.
EnLink Midstream, LLC (NYSE:ENLC)'s EPS was $0.03 as reported for the March quarter. In comparison, the same quarter a year ago had an EPS of $0.07. That means that its growth in general now stands at -57%. Therefore, a prediction of $0.06 given by the analysts brought a negative surprise of -50%. ENLC March quarter revenue was $1.78 billion, compared to $1.76 billion recorded in same quarter last year, giving it a 1% growth rate. The company's $0.02 billion revenue growth that quarter surprised Wall Street and investors will need to consider this as they assess the stock.
Novartis AG (NYSE:NVS) shares appreciated 0.69% over the last trading period, taking overall 5-day performance up to 2.2%. NVS's price now at $89.59 is greater than the 50-day average of $82.98. Getting the trading period increased to 200 days, the stock price was seen at $78.59 on average. The general public currently hold control of a total of 2.5 billion shares, which is the number publicly available for trading. The total of shares that it has issued to investors is 2.52 billion. The company's management holds a total of 9.3%, while institutional investors hold about 12.1% of the remaining shares. NVS share price finished last trade 4.49% above its 20 day simple moving average and its upbeat gap from 200 day simple moving average is 12.54%, while closing the session with 7.93% distance from 50 day simple moving average.
Novartis AG (NVS) shares were last observed trading 0.46% down since June 13, 2019 when the peak of $89.18 was hit. Last month's price growth of 10.97% puts NVS performance for the year now at 16.56%. Consequently, the shares price is trending higher by 38.34%, a 52-week worst price since Jun. 28, 2018. However, it is regaining value with 14.68% in the last 6 months. From a technical perspective, it appears more likely that the stock will experience a Bull Run market as a result of the strong support seen recently between $88.74 and $89.17. The immediate resistance area is now $90.11 Williams's %R (14) for NVS moved to 12.62 while the stochastic %K points at 89.85.
NVS's beta is 0.58; meaning investors could reap lower returns, although it also poses lower risks. The company allocated $5.31 per share from its yearly profit to its outstanding shares. Its last reported revenue is $11.11 billion, which was -13% versus $12.69 billion in the corresponding quarter last year. The EPS for Mar 19 quarter came in at $1.21 compared to $1.28 in the year-ago quarter and had represented -5% year-over-year earnings per share growth. NVS's ROA is 8.7%, lower than the 9.99% industry average. Although a more robust percentage would be better, consideration is given to how well peers within the industry performed. Companies within the sector had an ROA of 9.63%.
Estimated quarterly earnings for Novartis AG (NYSE:NVS) are around $1.2 per share in three months through June with $1.27 also the estimate for September quarter of the fiscal year. It means the growth is estimated at -4.76% and -3.05%, respectively. Analysts estimate full-year growth to be -1.57%, the target being $5.01 a share. The upcoming year will see an increase in growth by percentage to 10.98%, more likely to see it hit the $5.56 per share. The firm's current profit margin over the past 12 months is 23.9%. NVS ranks higher in comparison to an average of -7.19% for industry peers; while the average for the sector is -12.05%.


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Small Business Owner Resume Job Description Bongdaao from small business owner resume sample , image source: www.bongdaao.com
Each week brings new jobs, emails, files, and job lists. Just how much of this is totally different from the work you've done? Odds are, not much. Many of our day-to-day tasks are variants on something we have done countless times before.
Do not reinvent the wheel every single time you start something new. Use templates–as starting point for work that is new, standardized documents with formatting and text. Once you save a variant of the template add, eliminate, or change any data for that record, and you are going to have the new work completed in a fraction of this time.
Programs work everywhere: in word processors, spreadsheets, project management apps, survey programs, and also email. Here is the way to use templates from your favorite apps–and to generate documents from a template–so you can get your common tasks done quicker.
Programs take time to build, and it's easy to wonder if they're worth the investment. The answer: absolutely. Editing a template requires much less time than formatting something from scratch. It is the difference between retyping it, or copying and pasting some text.
That's only one benefit: Using a template means you're not as likely to leave out crucial information, also. By way of instance, if you want to send freelance authors a contributor agreement, changing a standard contract template (instead of composing a new contract every time) guarantees you won't depart out that crucial clause regarding possessing the content once you've paid for it.
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First, templates must be comprehensive. So err on the side of adding also instead of too small, it is easier to delete information than add it .
Imagine you're creating a template of your resume. You'd want to record in-depth facts about your duties and achievements, and that means you are going to have.
You can delete notes later on, but you might forget it at the final 25, when it's not in the template.
Some tools will automatically fill in all these factors for you (more on that in a little ). But if you need to fill in the data by yourself, add some text that is easy and obvious to search for so you can locate.
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Robert Harker posted an update 11 months, 3 weeks ago
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9 Kitesurfing Beaches in the UK
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Chelsea's green world
From climate-smart African architecture to Kate Middleton's woodland glade for kids, ecology was the watchword at this year's RHS Chelsea Flower Show
It's fair to say that we can thank David Attenborough for setting the template for this year's RHS Chelsea Flower Show. The overpowering theme was ecology, ecology and more ecology.
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Lunar lander, 50 years since the Moon landing
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Australian Government Agency Says Blockchain 'Interesting' But Hyped
Australian Government Agency Says Blockchain 'Interesting' But Hyped
October 23, 2018 2:00 PM | By Jit Sutradhar Distributed Ledger Technology News Technology News
The Australian government agency dedicated to streamlining the country's IT operations has called blockchain "interesting," but said it is hyped by firms working with the tech.
The chief digital officer of the Digital Transformation Agency (DTA), Peter Alexander, indicated the view was arrived at after the organization received AU$700,000 (about US$500,000) from the government in May to explore blockchain applications within government services.
"Blockchain: Interesting technology but early on in its development, it's kind of at the top of a hype cycle," Alexander said at a parliamentary committee meeting on Tuesday, as reported by ZDNet.
Alexander was further quoted as saying that most of the hype comes from companies seeking to make profits in the space.
He added:
"It's not that we don't trust any of the vendors – that would be an unfair characterization – we trust the vendors, but note that the motivation is generally sales and making revenue."
Standardization is also an area that needs to be addressed to make possible use cases of blockchain to more appealing, he continued, saying that, "for every use of blockchain you would consider today, there is a better technology."
A number of other government agencies in Australia have recently moved to study blockchain use cases.
For instance, in May, Australia's Department of Home Affairs revealed a plan to investigate blockchain's potential to bring about secure and transparent international trade and supply chain management.
The Commonwealth Scientific and Industrial Research Organization (CSIRO) is also looking into the settlement of insurance payments for citizens with disabilities using blockchain– a project being conducted with the Commonwealth Bank of Australia.
And Australia's New South Wales (NSW) government's blockchain experiments cover the digitization of all property transactions and driver's license digitization program.
Perhaps most notably, CSIRO said in late August that its research arm, Data61, is working with law firm Herbert Smith Freehills and IBM to conduct a pilot for a new system called the Australian National Blockchain (ANB). The nation-wide platform would allow businesses to carry out transactions based on smart legal contracts, it said at the time.
Australia flag image via Shutterstock
Article Source: http://www.coindesk.com
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