The U.S. Chemical Safety Board (“CSB”), the federal agency created under the Clean Air Act Amendments of 1990 and charged with investigating industrial chemical releases, has announced that it will draw up a new board following a recommendation to do so by the Environmental Protection Agency (“EPA”) Office of the Inspector General (“OIG”). The CSB … Continue Reading
As we reported last year, the California Air Resources Board (“CARB”) adopted the Advanced Clean Trucks regulation to support its efforts to reduce air pollutants and meet state climate change targets. The regulation has a one-time reporting requirement for large entities that operate or dispatch vehicles in California with a manufacturer’s gross vehicle weight rating … Continue Reading
The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well. On February 22, 2021, the EPA announced two actions under SDWA to address PFAS. First, the agency reissued … Continue Reading
California continues to move forward with new proposals for regulation and enforcement of workplace hazards associated with COVID-19. As the Division of Occupational Safety and Health (“Cal/OSHA”) continues to develop a draft permanent standard to address COVID-19 hazards in cooperation with an advisory committee of various stakeholder groups, state legislators have proposed a senate bill … Continue Reading
On January 19, 2021, in a 2-1 decision, the D.C. Circuit Court vacated the Trump administration’s 2019 Affordable Clean Energy (ACE) Rule and remanded it to the U.S. Environmental Protection Agency (EPA). The decision offers a strong statement about EPA’s breadth of authority to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) and, … Continue Reading
The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed to significantly amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, to revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products. OEHHA believes implementation of the warning regulations has revealed … Continue Reading
Reed Smith’s U.S. based environmental team recently held a CLE webinar on what US environmental, health and safety legal and regulatory changes we can expect in 2021. The webinar provided an insightful discussion on environmental policy and topics including: Environmental Policy With Biden Win: Anticipating new federal regulation and enforcement actions United States Supreme Court: … Continue Reading
As the transition in presidential administration draws closer and COVID-19 cases continue to increase in certain parts of the country, it appears increasingly likely that the Occupational Safety and Health Administration (“OSHA”) will undertake a rulemaking relating to COVID-19. Additionally, state plan OSHA agencies continue to revise and issue guidance relating to their own rules, … Continue Reading
Just one week after the California Division of Occupational Safety and Health (“Cal/OSHA”) made its proposed COVID-19 Emergency Regulation (“COVID-19 Rule”) available, the Occupational Safety and Health Standards Board (“OSHSB”) responsible for approving such regulations unanimously passed it without revisions. Cal/OSHA is the fourth state OSHA plan to promulgate a rule to address COVID-19, following … Continue Reading
Organizations closely scrutinizing PFAS, like the Environmental Working Group, are touting loudly that the Biden administration will address PFAS and speculating on how the Biden Administration might approach the chemicals by setting enforceable drinking water limits, designating the substances as hazardous and finding PFAS substitutes for consumer items. Under President Trump, EPA touted its PFAS … Continue Reading
California has joined dozens of nations in a global pact to preserve biodiversity and prevent species loss by pledging to conserve 30 percent of the state’s land and coastal water by 2030 (“30 by 30”). Governor Gavin Newsom signed the executive order earlier this month, which also directs the state to streamline approval of land restoration … Continue Reading
California will ban the sale of new, gasoline-powered cars by 2035, an aggressive action by Governor Gavin Newsom to combat the causes of climate change. The executive order Newsom signed will require that all new passenger vehicles sold in California beginning in 2035 be “zero-emission.” That category currently includes battery-powered electric cars and those running … Continue Reading
In 1996, the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (“Current Solid Waste Law”) was established. In 2015, almost 20 years later, this PRC Law was first revised and has since worked to take proper precautions for the environment. However, on 29 April 2020 the Standing Committee of the … Continue Reading
As we mentioned in a previous post, the COVID-19 pandemic has generated a wave of bankruptcies that we expect to continue into 2021. Companies entering 2020 in a strong financial position may now need to quickly shed distressed assets and generate cash. A Chapter 11 reorganization is likely to be too long and burdensome for … Continue Reading
On August 24, 2020, EPA announced an emergency exemption in the state of Texas that permits American Airlines and Total Orthopedics Sports & Spine to use an antiviral that kills microbes like COVID-19 on surfaces for up to seven days. This exemption request was submitted under Section 18 of the Federal Insecticide, Fungicide and Rodenticide … Continue Reading
On August 13, 2020, the U.S. Environmental Protection Agency (EPA) issued two final rules—a Methane Policy Rule and an Inspection Rule —rolling back portions of its New Source Performance Standards (NSPS) for the oil and gas industry. In explaining these changes, EPA Administrator Andrew Wheeler stated that the EPA rescinded portions of the Methane Policy … Continue Reading
The California Air Resources Board (“CARB”) has again proposed revisions to the State’s existing “Ocean-Going Vessels At-Berth Regulation” of air emissions from ships docked in California. As revised, further reductions in air emissions will be required, but some of the earlier implementation dates have been extended. Most substantive changes were made in response to feedback … Continue Reading
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
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
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
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
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
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
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
