Over the summer, EPA published a policy document to enhance cooperation between it and the many state agencies that enforce federal environmental programs. ...more
9/9/2019
/ Cooperative Compliance Regime ,
Criminal Prosecution ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Policies and Procedures ,
Policy Statement ,
Public Health ,
Regulatory Agenda ,
State and Local Government ,
Trump Administration
My partner Bob Melvin and I recently gave a presentation on environmental, health, and safety considerations in mergers and acquisitions. While it would be impossible to cover our entire presentation in a blog post, I thought...more
As we previously outlined, the Toxic Substances Control Act (“TSCA”) was amended in 2016 to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in commerce)....more
This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more
1/25/2019
/ Clean Water Act ,
Deregulation ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Manufacturers ,
Navigable Waters ,
OSHA ,
Regulatory Reform ,
Safety Inspections ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
Waters of the United States
These days, it is not uncommon to see drones flying overhead. But employers beware…you might see one during your next workplace inspection....more
Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more
Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more
By now, we have all heard about the $289 million verdict against Monsanto in the Roundup litigation. A California jury awarded the sum to Dewayne “Lee” Johnson, a school groundskeeper who claimed that exposure to Roundup...more
This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more
This week, EPA announced that it is considering developing regulations to optimize the use of cost-benefit analyses when it is taking regulatory action. Many environmental statutes require the consideration of costs and...more
6/8/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Cost-Benefit Analysis ,
Deregulation ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Public Comment ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process
Under the 2016 Recording and Reporting Occupational Injuries and Illnesses rule (RROII Rule), December 30, 2017 was the first deadline for certain employers to electronically submit their 2016 300A summary forms, which...more
EPA Administrator Scott Pruitt is considering a plan to restrict the agency’s use of scientific data to only that data which is publicly available. The move would prevent EPA from using private studies, dubbed “secret...more
The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more
Reduced Regulation -
We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more
1/15/2018
/ Contaminated Properties ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
OSHA ,
Regulatory Reform ,
Reporting Requirements ,
State and Local Government ,
Strategic Planning ,
Superfund ,
Workplace Injury ,
Workplace Safety
As we outlined last year, OSHA recently revised its recording and reporting regulation to require certain employers to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s website. The deadline for...more
We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more
TSCA Framework Rules Promulgated -
As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those...more
A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more
Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more
Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more
This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety.
Citizen Science -
With increasing...more
2/1/2017
/ Environmental Liability ,
Environmental Policies ,
Executive Orders ,
Manufacturers ,
NGOs ,
OSHA ,
PCBs ,
Regulatory Oversight ,
Trump Administration ,
Workplace Injury ,
Workplace Safety
As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in...more
Recently, OSHA issued its long-awaited final rule on walking-working surfaces and personal fall protection systems for general industry. The new rule is intended to update the standards to align with general industry...more
In October, OSHA released its new Recommended Practices for Safety and Health Programs, which were issued to incorporate the experience and advances gained since the previous set of recommendations was released in 1989. ...more
Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy. The rule revises and expands EPA’s regulations for “Ozone-Depleting Substances”...more
10/31/2016
/ Certification Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
HFC Emissions ,
Inspections ,
Manufacturers ,
Ozone ,
Pollution Control ,
Recordkeeping Requirements ,
Regulatory Standards ,
Reporting Requirements ,
Webinars