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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

EPA’s self-guidance for participation in bankruptcy proceedings

The uncertainty surrounding the COVID-19 pandemic has rocked the global economy, and companies of all types and sizes are feeling the impacts. In recent weeks, certain high-profile retailers filed for Chapter 11 bankruptcy protection. Some airlines are expected to enter bankruptcy as well, and even farmers are feeling the pinch. Overall, data suggest that bankruptcies … 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

Proposed NEPA rulemaking would accelerate environmental reviews

Earlier this year, the Council on Environmental Quality (CEQ) issued a notice of proposed rulemaking recommending extensive changes to the governing regulations of the National Environmental Policy Act (NEPA).  NEPA is a broad national policy aimed at preventing or eliminating damage to the environment.  Under this policy, whenever “major federal actions” – including projects that … 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

Despite COVID-19 concerns, CARB continues to revise air emissions rules for the shipping industry

The California Air Resources Board (CARB) continues its efforts to expand the state’s existing Ocean-Going Vessels At-Berth Regulation to further reduce air emissions from ships docked in California. (See here for prior alert). CARB recently released draft modifications to the At-Berth Rulemaking Documents. The modifications would include: Allowing use of an Innovative Concepts (IC) provision … 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

California Governor temporarily suspends requirements under CEQA

On April 22, 2020, California Governor Gavin Newsom issued an executive order that suspended for 60 days certain public filing, posting, notice, and public access requirements under the California Environmental Quality Act (CEQA). This order affects all projects in the state requiring a governmental approval that triggers environmental review. This could be anything from a … 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

The pandemic and EU-ETS, AB 32 carbon markets

We’ve all heard tales of bluer skies since the shelter-in-place orders took effect.   Cityscapes can be seen with remarkable clarity as lockdowns lead to noticeably cleaner air.  Yes, the pandemic is reducing greenhouse gas (and other) emissions. What is the effect of all this on carbon markets?  The International Monetary Fund (IMF) has warned that … 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

CARB plans more consumer product regulations to reduce smog-forming emissions

The California Air Resources Board (CARB) continues its efforts to reduce air pollutants from consumer products through amendments to California’s Consumer Products Regulation. Proposed amendments would further lower current volatile organic compounds (VOC) limits for certain consumer products. Background The Consumer Product Regulation is an important part of CARB’s effort to reduce the amount of … Continue Reading

Plastic-reduction efforts in California yield to COVID-19 pandemic

This year might have been the year for California to set sharp reductions in plastic packaging and single-use plastic food ware, among other plastic items. But the COVID-19 pandemic and an increased use of disposable products to avoid the risk of transmitting the virus through reused items appear to have halted this effort. A ballot … 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

Hailing all rideshare: The California Clean Miles Standard is set to hit the road this year

The explosive growth of ridesharing companies has left states facing a potential, albeit unintended, increase in greenhouse gas emissions (for example, carbon dioxide generated by fuel combustion). As a result, the California Air Resources Board (CARB) is developing the Clean Miles Standard, which aims to reduce greenhouse gas emissions from ridesharing companies.… Continue Reading

Montana federal court vacates Nationwide Permit 12 for pipelines and other linear projects

On April 15, 2020, a federal district court in Montana issued an order vacating the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit (NWP) 12 under the federal Clean Water Act (CWA) due to the Corps’ failure to meet its obligations under the federal Endangered Species Act (ESA). The court remanded NWP 12 to the … 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

DOJ: civil penalty obligations temporarily suspended

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

COVID-19 induced force majeure applied to environmental obligations

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

California environmental agencies less flexible than U.S. EPA re enforcement policy in response to COVID-19

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
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