Law360 interviewed Manatt's Craig Moyer, chair of the firm's Land, Environment & Natural Resources Division, for an article on a new federal rule that makes toxic waste information publicly available online.
Law360 reports that the rule is intended to increase transparency, but it could end up harming companies that generate hazardous materials by allowing rivals to snatch product formulas. Approximately 160,000 businesses and other entities involved in sending, receiving and transporting hazardous waste will be covered by the rule.
Moyer told the publication that the ruling does provide some benefits for the industry by creating unity throughout the country.
"It's better to have a blanket rule rather than having to go through all of the inconsistencies among the states," Moyer said.
Plus, the rule generally goes along with court precedent for waste access, added Moyer.
"If you put it in other contexts, it's not inconsistent with Fourth Amendment search and seizure laws that have come before the U.S. Supreme Court," Moyer said. "The justices have found that individuals do not have a privacy interest in their waste."
Read the article here.