Archives: Incident Response

Environment, Health & Safety incident response

Subscribe to Incident Response RSS Feed

Force majeure as a shield for governmental enforcement in a post-COVID-19 world: putting your company in the best position vis-a-vis force majeure clauses in agreements with governmental agencies  

In these unprecedented days, you read a lot about force majeure and “act of God” defenses to commercial contract publications. Companies affected by the current pandemic are looking to contract terms to minimize their financial losses as the pandemic forces closures and cancellations, and productivity drops off in many industries. This post addresses a small … Continue Reading

EPA announces new temporary enforcement discretion policy

In an unprecedented move, today (March 26, 2020) EPA issued a memorandum to its governmental and private sector partners about its new temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. The memo states the EPA will exercise its enforcement discretion for noncompliance covered by temporary policy and resulting from the … Continue Reading

OSHA and Cal/OSHA issue coronavirus guidance

Earlier this month, the U.S. Occupational Safety and Health Administration (OSHA) published information on novel coronavirus (COVID-19) hazard recognition, medical information, potentially applicable OSHA standards, control and prevention, and additional resources. The guidance notes that without sustained human-to-human transmission, most U.S. workers remain at low risk of exposure and infection. However, OSHA has identified commonsense … Continue Reading

CSB proposes rule on accidental release reporting

The U.S. Chemical Safety Board (CSB or Agency) recently published a Notice of Proposed Rulemaking for its accidental reporting rule in the Federal Register (Proposed Rule). The CSB was established by the Clean Air Act Amendments of 1990, which directed the Agency, among other things, to investigate and report on any accidental release “resulting in … Continue Reading

EPA again rolls back Obama Administration RMP regulations

The U.S. Environmental Protection Agency (EPA) has finalized a reconsideration rule rescinding many of the agency’s changes and additions made during the Obama administration to strengthen the Risk Management Program (RMP) regulations that address facilities using highly hazardous chemicals. This rulemaking follows the D.C. Circuit’s decision in 2018 that the EPA’s previous effort to rescind … Continue Reading

Senate Environment & Public Works Committee votes unanimously to approve Dr. Katherine Lemos to head the Chemical Safety and Hazard Investigation Board

On September 25, 2019, the Senate Committee on Environment and Public Works (EPW) voted unanimously to approve Dr. Katherine A. Lemos, President Donald Trump’s nominee to lead the U.S. Chemical Safety and Hazard Investigation Board (CSB). Dr. Lemos’ nomination will now advance to the full Senate for confirmation.… 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
LexBlog