At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of...more
9/3/2024
/ Comment Period ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
NPRM ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
Safety Precautions ,
Safety Standards ,
Workplace Hazards ,
Workplace Safety
On June 28, the Supreme Court released its opinion in Loper Bright Enterprises et. al v. Secretary of Commerce (Loper), which regulatory practitioners have been anxiously awaiting to see whether the Court would allow...more
The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more
5/6/2024
/ Biden Administration ,
Bureau of Land Management ,
Conservation ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Final Rules ,
Infrastructure ,
Operating Leases ,
Public Land ,
Regulatory Reform ,
Renewable Energy ,
Right of Way ,
Solar Energy ,
Wind Power
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
4/30/2024
/ Air Pollution ,
Biden Administration ,
Climate Action Plan ,
Climate Change ,
Coal Industry ,
Electric Generation Suppliers ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
NESHAP ,
Oil & Gas ,
Pollution Control ,
Regulatory Reform ,
Wastewater
On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for...more
On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more
3/29/2024
/ Clean Water Act ,
Climate Change ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Natural Resources ,
Risk Management ,
Severe Weather ,
Water ,
Water Supplies
The Securities and Exchange Commission (SEC) has released a significantly narrowed final version of its climate disclosure rule. The approval is described in the SEC's Fact Sheet, The Enhancement and Standardization of...more
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more
3/6/2024
/ Clean Air Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
General Duty Clause ,
Hazardous Substances ,
Manufacturing Facilities ,
Refineries ,
Risk Management ,
Toxic Chemicals ,
Toxic Exposure ,
Workplace Safety
The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA issued pre-publication...more
Compliance with the PM2.5 Standard: EPA proposed lowering the PM 2.5 standard earlier this year. State agency representatives confirmed that areas in each Region 7 state could struggle to comply with the reduced standard,...more
The Supreme Court clarified the scope of the Waters of the United States (WOTUS) rule in a long-awaited decision regarding which wetlands are subject to Section 404 of the Clean Water Act (CWA). Declining to exercise...more
5/31/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more
1/20/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Inflation Reduction Act (IRA) ,
NEPA ,
PFAS ,
Public Health ,
Renewable Energy ,
Tax Credits
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more
1/13/2023
/ Biden Administration ,
CEQ ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Guidance ,
Oil & Gas ,
Renewable Energy
In 2022, health and safety agencies' focus continued to shift away from the near-constant COVID-related discussions of the past few years. COVID-19 is not in the rearview mirror, but the Biden Administration's comprehensive...more
1/10/2023
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Actions ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Regulatory Agenda ,
Regulatory Oversight ,
SCOTUS ,
Severe Violators Enforcement Program (SVEP) ,
Workplace Safety ,
Workplace Violence
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
7/7/2022
/ Air Pollution ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
The Environmental Protection Agency (EPA) has taken another step impacting the regulation of per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a family of man-made, environmentally-persistent chemicals...more
6/22/2022
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
New Guidance ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more
Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. -
The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more
In prior alerts, we detailed the scope of the interim final rule issued by the Centers for Medicare & Medicaid Services (CMS) and Emergency Temporary Standard (ETS) announced by the Occupational Safety and Health...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The saga of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (ETS) continues. On Friday night, December 17, a three-judge panel of the Sixth Circuit Court of Appeals issued an Opinion...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more
12/13/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more
10/21/2021
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Department of Defense (DOD) ,
Discharge of Pollutants ,
Drinking Water ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure