Michelle Martin, Author at SGR Law

Apr 14, 2022

Is Your Product Really “Made in the USA?” The FTC is Asking.

Authored by: Amy E. Buice and Wm. Parker Sanders The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the Middle District of Florida for allegedly falsely representing that its lithium ion cells are made in the United States.[1] It brought its action under the Made in the USA Labeling Rule and Section 5 of the FTC Act. The Made in the USA Labeling Rule, which took effect on August 13,… Read more

Apr 7, 2022

EPA to Cease Accepting Expedited Corrections to TSCA Inventory

On February 24, the EPA announced that it will stop accepting streamlined requests to correct entries on the TSCA Inventory of Chemicals in Commerce as of April 26, 2022. Historically, the Agency has allowed corrections to chemical identities using the same forms and documentation used to add an existing chemical to the inventory. This practice greatly streamlined and expedited the ability of industries to correct mistakes made in initial filings. Under the EPA’s new policy; however, the Agency will require any changes to go through the same pre-manufacture notice (“PMN”) process required for completely new chemicals. The decision has already… Read more

Mar 28, 2022

Department of Energy Announces Domestic Battery Strategy

On Friday, March 18, Energy Secretary, Jenner Granholm announced a program to develop lithium batteries in the United States as a part of a broader strategy to help Appalachia amid a transition away from coal. The lithium batteries are necessary components of electric vehicles and are used for storage on the U.S. electrical grid; however, the U.S. relies almost entirely on international markets for the processing of most raw materials. As a part of its plan, the Department has announced $5,000,000 in funding for pilot projects to be located in the 13-state Appalachia region. One such project, the development of… Read more

Mar 16, 2022

Liquid Terminal Industry Seeks Superfund PFAS Waiver

The liquid terminal industry which provides the infrastructure, storage and transportation planning for bulk liquid products such as oil, gas, industrial chemicals and fertilizers, is petitioning the EPA to consider exemptions to superfund laws for PFAS chemicals in firefighting foam. ILTA which represents over 80 terminal companies is requesting that the EPA work collaboratively with the industry for research and development efforts which would give rise to clear guidance on disposal methods, while waiving superfund liability for releases of PFAS used for fire suppression. For more information, contact Phillip Hoover.

Mar 8, 2022

Rescission of Agreement Defeats Arbitration Clause

Authored by: Marcia M. Ernst The Eleventh Circuit Court of Appeals recently affirmed the district court’s denial of a defendant’s motion to compel arbitration because the parties had mutually rescinded the settlement agreement containing the arbitration clause. In Reiterman v. Abid,[1] a law school admissions test prep teacher sued a former student in 2018, claiming she had defamed him by creating anonymous blogposts that accused him of sexually assaulting multiple women.[2] The former student denied involvement in the internet smear campaign, and the teacher and student entered into a settlement agreement in the summer of 2018. The settlement agreement included… Read more

Feb 24, 2022

Negotiating The Big Business of Fitness Center Leasing

Authored by: Linda S. Koffman Fitness centers and gyms are a big business. According to Statista, there were more than 37,000 fitness centers in the U.S. in 2017. This is an increase of more than 5,500 compared to 2012. In an era with declining activity in retail, fitness center leases provide a growing opportunity for both landlords and tenants. After representing a number of fitness companies in their lease negotiations, I have come across some key provisions that should be discussed between the landlord and tenant at the letter of intent stage. Early agreement on these issues will lead to… Read more

Feb 14, 2022

EPA to List New Hazardous Air Pollutant

The Environmental Protection Agency has added a new chemical to the list of Hazardous Air Pollutants (HAPs) for the first time since the list was created in 1990. The chemical, 1 bromopropane (1-BP), is used as a commercial degreaser and in dry cleaning operations. Now that 1-BP is added to the list of HAPs, the EPA will begin the process of proposing final regulations governing emission limitations which could take several years. Companies emitting 1-BP should begin the process of accessing their emission potentials, and to consider alternative products to eliminate the use of 1-BP altogether. Specifically, facilities that are… Read more