Archives: Enforcement and Litigation

Environment, Health & Safety enforcement and litigation

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UK Court of Appeal reaffirms new, tougher stance on sentencing for environmental pollution offences

Several years ago, we wrote a detailed article explaining the new, tougher approach in the UK to the sentencing of environmental offences committed by large companies. That article, from 2015 (see: https://www.reedsmith.com/en/perspectives/2015/10/uk-courts-get-tough-on-environmental-crime-sentenc), focussed on the Court of Appeal’s decision in R v. Thames Water Utilities Ltd [2015] EWCA Crim 960.… Continue Reading

Cal/OSHA Appeals Board proposes revisions to procedural rules, including elimination of automatic discovery

The California Occupational Safety and Health Appeals Board (Board) is soliciting public comments on proposed revisions to its Rules of Practice and Procedure. The three-member Board hears appeals from public- and private-sector employers regarding citations issued by the California Division of Occupational Safety and Health (DOSH) and is authorized to adopt procedural rules related to … Continue Reading

Important questions left unanswered as rare ECJ case rules that debris from a fire on board a ship is excluded from international shipment of waste rules

This blog post provides a brief commentary on the transboundary movement of waste case of Conti 11 v. the Land of Lower Saxony, Germany (Case C689-17). The law on the international shipment of waste is of increasing importance to many global businesses. The Reed Smith Environmental, Health & Safety team regularly handles cases on this subject involving … Continue Reading

Broader focus on environmental and safety crimes as Harris County announces new charges against Arkema

Following last year’s indictments of Arkema Inc. (Arkema) CEO Richard Rowe and plant manager Leslie Comardelle, a Texas grand jury recently indicted Mike Keough, Arkema’s Vice President of Logistics, in connection with allegations that Arkema failed to provide adequate emergency response information to response officials. Along with this indictment, recent charges against Intercontinental Terminals Company … Continue Reading

What does the Pennsylvania EHB aggregation decision and opinion mean for your business?

Clean Air Council v. Department of Environmental Protection and Sunoco Partners Marketing & Terminals, L.P., EHB Dkt. No. 2016073L (Adjudication Jan. 9, 2019) On January 9, 2019, the Pennsylvania Environmental Hearing Board issued its adjudication in an appeal by Clean Air Council of a plan approval issued to Sunoco Partners Marketing & Terminals, L.P. The Board ultimately remanded … Continue Reading

Environmental Areas of Interest in 2019 – A look ahead

The past year has been a busy one in environmental law and policy. While a look ahead could include topics such as likely impacts from continuing efforts by the current U.S. administration to bolster use of coal-fired energy or the myriad lawsuits facing the Environmental Protection Agency (EPA) in 2019 from environmental groups and state attorneys general, … Continue Reading
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