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Proposition 65 – Potential warning requirement exemption for exposures to listed chemicals in cooked or heat processed foods

California is inviting public comments on a proposed regulation that would exclude the need to place warnings on many cooked, baked or fried food items that may expose individuals to acrylamide, a chemical the State has deemed to be a carcinogen. California’s Safe Drinking Water and Toxic Enforcement Act (aka “Proposition 65”) prohibits businesses from knowingly … Continue Reading

U.S. EPA takes historic action on aviation emissions

In a historic act, U.S. EPA proposed the nation’s first-ever greenhouse gas (GHG) emissions standard for aircraft on July 21, 2020. (Proposed Rule). Once the Proposed Rule is published in the Federal Register, the public will have 60 days to submit comments. There will likely be significant push back from environmental groups on the Proposed … Continue Reading

Racing toward a standard: How Virginia, Oregon, and Washington are moving to regulate workplace hazards of COVID-19

Individual states’ safety agencies have undertaken the development of their own workplace safety rules in response to potential hazards from COVID-19 as the Occupational Safety and Health Administration (OSHA) has declined to promulgate specific standards and instead relied on existing regulations and guidance.  Specifically, Virginia recently published a temporary emergency COVID-19 rule, while Oregon has … Continue Reading

Fifth Circuit upholds OSHA’s interpretation of PSM standard

On July 9, 2020, the Fifth Circuit held that the mechanical integrity requirements of the Occupational Safety and Health Administration (OSHA) process safety management (PSM) standard for highly hazardous chemicals applies to emergency stops that would only be activated after a release. The case—Sanderson Farms v. Occupational Safety and Health Review Commission (OSHRC)—centered on the … Continue Reading

ICYMI: States sign joint memorandum to advance vehicle electrification

A group of 15 states and the District of Columbia agreed to collaborate on advancing and accelerating the market for electric medium- and heavy-duty vehicles, including large pickup trucks and vans, delivery trucks, box trucks, school and transit buses, and long-haul delivery trucks (big-rigs). The goal of this initiative is to ensure that 100 percent … Continue Reading

CARB continues developing its “Clean Miles Standard,” reducing greenhouse gas emissions from ridesharing companies: hearing set for mid-July

The California Air Resources Board (CARB) will conduct a public workshop later this month as it continues its efforts to expand the state’s development of the Clean Miles Standard (CMS). As was earlier reported, the CMS will require ridesharing companies, aka transportation network companies (TNCs), to account for, and reduce, the greenhouse gas (GHG) emissions … Continue Reading

ICYMI: June sees major U.S. Supreme Court environmental activity

1. Pipeline May Cross Underneath the Appalachian Trail with Forest Service Approval On June 15, 2020, the U.S. Supreme Court (SCOTUS) held in a 7-2 decision that the U.S. Forest Service had the authority to grant developers of a gas pipeline right-of-way underneath the Appalachian National Scenic Trail. At issue in this case was whether … Continue Reading

EPA to terminate its temporary enforcement discretion policy

On March 26, 2020, the Environmental Protection Agency (EPA) issued a memorandum about a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. Under the policy, the EPA stopped seeking penalties for certain missed environmental obligations. The policy received mixed reactions from states and environmental groups. On June 29, 2020, EPA … Continue Reading

TSCA Summer Watch List

In 2016, Congress enacted major reforms to the Toxic Substances Control Act (TSCA). These improvements included items such as: (1) a mandatory requirement for the U.S. Environmental Protection Agency to evaluate existing chemicals with clear and enforceable deadlines; (2) risk-based chemical assessments; (3) increased public transparency for chemical information; and (4) a consistent source of … Continue Reading

U.S. regulatory developments: EPA issues first in a series of rules restricting ethylene oxide emissions

On June 1, 2020, the U.S. Environmental Protection Agency (EPA) announced final action to reduce emissions of ethylene oxide (EO) from certain sources. EO is an intermediary chemical used to make plastics, textiles and antifreeze, and also is used to sterilize medical devices. Scrutiny of EO has increased in the past few years due to … Continue Reading

Appeals court rejects AFL-CIO suit seeking to compel OSHA to issue COVID-19 emergency temporary standard

On May 18, the AFL-CIO filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) protecting U.S. workers against COVID-19.  However, on June 11, the U.S. Court of Appeals rejected … Continue Reading

Reed Smith issues guide for UK employers preparing to reopen workplaces post-COVID-19

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

Some considerations on suspension of regulated activities at all or part of a facility

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

OSHA announces changes (again) to how COVID-19 cases are recorded

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

EPA updates ‘small manufacturer’ definition for reporting and recordkeeping under TSCA section 8(a)

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

Keeping it Clean: OSHA, CDC, and state-agency guidance explains how employers can help stop spread of COVID-19

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

States sue EPA over COVID-19 enforcement policy

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

Post pandemic drafting with governmental authorities: Force Majeure clauses in consent agreements

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

Companies Beware: Will EPA ramp up mandated ‘clean up’ as part of perceived economic ‘stimulus’ package?

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

ICYMI: Major April U.S. Supreme Court Environmental Decisions

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

Returning to work safely

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

Pennsylvania continues to enforce all environmental laws and regulations during COVID-19 pandemic

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

In the midst of COVID-19, attorneys general of 18 States urge stronger EPA Action on PFAS

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

TCEQ implementing a more tailored case-by-case enforcement policy than the U.S. EPA in response to COVID-19

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
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