Following recent announcements by the UK government on how the UK economy will gradually re-open, we are pleased to share a short publication with you that highlights some of the key health, safety and workplace management topics that UK employers may need to consider as we get businesses up and running again. In addition to … Continue Reading
In the context of COVID-19, many companies are downsizing operations or, in some cases, completely eliminating product lines or shuttering facilities. The considerations that go into such a decision are difficult and complicated, in part because the effects may be felt long into the future. However, if you are faced with such a decision, here are a … Continue Reading
With most states starting to reopen after the lockdown, attention is focused on the process for getting back to work safely, and when and how employers must record COVID-19 cases as a work related illness. In response to this, OSHA has issued a revised recordkeeping enforcement memorandum outlining the applicable requirements. This comes into effect … Continue Reading
A new EPA rule finalizes amendments to the definition of “small manufacturer” in accordance with the Toxic Substances Control Act (TSCA). Changes to the small manufacturer definition impact certain reporting and recordkeeping requirements established under TSCA. The final rule is effective 30 days after publication in the Federal Register. The final rule, made public May … Continue Reading
Many businesses are reopening their doors as states lift closure orders. While a plan to reopen will look different for each company, all employers should ensure they are taking appropriate cleaning and safety measures to reduce possible exposure to the virus that causes COVID-19. The Occupational Safety and Health Administration (OSHA) has recommended several measures … Continue Reading
Following on from our recent post regarding Environmental Protection Agency (EPA) policy and the controversy surrounding it , on May 13, 2020, seven states brought an action in the Southern District of New York against the EPA to challenge the agency policy under which the EPA has stated it “will not” enforce a wide range … Continue Reading
On May 5, 2020, The New York Times (NYT) reported under the heading “Here come the busted deals,” that L Brands, majority owner of Victoria’s Secret, who had a seemingly airtight case for selling a majority stake in Victoria’s Secret, had agreed to let the buyer, Sycamore Partners, walk. L Brands agreed to let Sycamore … Continue Reading
Post COVID-19 stay-at-home orders (SAHO) – and as we go back to “normal” – what is the likelihood of a sudden resurgence in new or deferred Superfund cleanups, and associated construction? It is impossible to ignore that fact (and EPA must be aware of it) that construction jobs can and will be important to economic … Continue Reading
1) Superfund deals don’t block state-law claims On April 20, 2020, the Supreme Court of the United States (SCOTUS) issued an opinion allowing Montana residents to maintain state-law claims against a company for a Superfund site that is already covered by a settlement agreement with the U.S. Environmental Protection Agency (EPA).… Continue Reading
Previously shuttered businesses and offices are gearing up to reopen as many states are beginning to lift closure orders. Each employer will need to determine when it is legally permitted to reopen based upon state and local mandates. While plans to reopen will vary widely from state to state and company to company, all employers … Continue Reading
The Pennsylvania Department of Environmental Protection (DEP) announced that it will continue to enforce all environmental laws and regulation for the duration of the state’s COVID-19 disaster duration. This policy takes a much stricter stance on environmental obligations than the U.S. Environmental Protection Agency’s (EPA) temporary policy of enforcement discretion issued on March 26, 2020. … Continue Reading
Last Friday, April 17, the attorneys general of New York, Pennsylvania, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Virginia, Washington, and Wisconsin filed a comment letter with the U.S. Environmental Protection Agency (EPA) urging the agency to take more comprehensive actions regarding per-fluoroalkyl and poly-fluoroalkyl substances (collectively, … Continue Reading
The Texas Commission on Environmental Quality (TCEQ) announced that it will exercise enforcement discretion on a case-by-case basis as opposed to the EPA’s broader temporary enforcement policy issued on March 26, 2020. Under its more tailored approach, the TCEQ has not relaxed any limits on air emissions or discharges to water. Similarly, the TCEQ has … Continue Reading
In conjunction with the U.S. Environmental Protection Agency’s (EPA’s) move to relax enforcement efforts, and despite criticism of the EPA’s move, the Department of Justice (DOJ) has suspended collection of civil penalty payments for six weeks – until at least May 31, 2020 – in a move that could be a demonstration that federal government … Continue Reading
As governments and health authorities institute increasingly strict responses to COVID-19, companies worldwide face unprecedented challenges in meeting their otherwise “business as usual” contractual and regulatory obligations. While these challenges span all areas of business, this post focuses on particular environmental obligations and associated risks. The U.S. Environmental Protection Agency (EPA) recently instituted a temporary … Continue Reading
While the U.S. Environmental Protection Agency (EPA) has shown some flexibility in enforcement of environmental regulatory obligations during the outbreak of COVID-19, at this stage in the pandemic, California will not typically excuse noncompliance due to the COVID-19 pandemic. On March 26, 2020, the EPA issued a memorandum implementing a temporary enforcement discretion policy due … Continue Reading
There are many types of cleanup occurring across the nation during the COVID-19 pandemic under a range of U.S. Environmental Protection Agency (EPA) authorities, including, but not limited to, the Superfund program, Resource Conservation and Recovery Act corrective action, Toxic Substances Control Act polychlorinated biphenyl cleanup provisions, the Oil Pollution Act, and the Underground Storage … Continue Reading
The Occupational Safety and Health Administration (OSHA) and the California Department of Occupational Safety and Health (Cal/OSHA) have issued various guidance regarding potential workplace hazards resulting from exposure to COVID-19 (see our recent client alert for more information). Most recently, on April 3, 2020, OSHA issued enforcement guidance to all industries indicating that respiratory protection … Continue Reading
In response to the backlash regarding the EPA’s implementation of a temporary enforcement discretion policy, the EPA administrator, Andrew Wheeler, described the temporary policy as “very mild” in comparison to the agency’s actions in prior crises. On March 26, 2020, the EPA issued a memorandum implementing a temporary enforcement discretion policy due to the coronavirus … Continue Reading
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
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
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
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
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
