Environmental Labor & Employment

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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Outlook 2017: Administrative Levers and Mechanisms for Policy Change (Transcript)

What impact will the incoming Trump administration have on potential levers of policy change that are available to the Congress and the Executive branch? Having previously served with the Office of the Solicitor General and...more

EU Legislative Outlook 2017: At A Glance

Sixty years ago in March, Belgium, France, Italy, Luxembourg, the Netherlands and West Germany signed the Treaty of Rome, creating the economic union that today is the European Union (EU). The founding nations perhaps never...more

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a...more

OSHA’s New Chemical NEP: Serious Violations Preferred and EPA Referrals Encouraged

On January 17, 2017, the outgoing administration left one last gift for the Process Safety Management (PSM) community: a new national emphasis inspection program. As the compliance directive notes, “Any violation of the PSM...more

Retail and Consumer Products Law Roundup - January 2017

False Ad Suit Survives When Consumers "Swept Into" Purchase - Why It Matters - A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

EPA Issues Final Rule Overhauling RMP Facility Chemical Safety Program

Prior to the close of the Obama administration and after much anticipation, the Environmental Protection Agency (“EPA”) issued its final rule overhauling the Risk Management Plan (“RMP”) facility chemical accident prevention...more

2016 OSHA Year in Review

In 2016, there were several noteworthy OSHA-related developments, including issuance of final rules setting forth new compliance obligations, previously issued rules with compliance deadlines that came into effect this year,...more

Upping the Ante: DOJ Prosecuting OSHA Cases as Environmental Crimes

In December of 2015 the Department of Justice (“DOJ”)and the Department of Labor jointly announced an expansion of the “Worker Endangerment Initiative” to address violations of worker safety and environmental laws. In...more

OSHA Weighs In on EPA Proposed Rule Governing the Use of New Chemical Substances

Seyfarth Synopsis: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to...more

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it...more

“Oh The Times . . . They are A-Changing:” EPA & DOJ Follow Through on Worker Endangerment Initiative

On October 12, 2016, the U.S. Department of Justice (“DOJ”) announced that four Texas companies agreed to plead guilty to criminal violations of the Clean Air Act at oil and chemical processing facilities, and to collectively...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: September 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the GAO’s latest report on the conflict minerals rule; a civil...more

Be Prepared: Civil Penalties to Rise Starting August 1

Effective August 1, OSHA, EPA and the Department of the Interior, among other federal agencies, are raising the ranges of civil penalties assessed under their respective programs. The Federal Civil Penalties Inflation...more

VW: The Challenge of Whistleblowing

The following guest post is by Wendy Addison. A hand shot up from the lecture hall: ‘I don’t understand’, a young economics undergraduate said, looking perplexed, ‘surely a company’s executives would want to know...more

Zika Transmission in New York, and Now in Florida - Some Legal Thoughts

In eight years of climate change blogging we think we have uniformly been able to steer clear of the prurient and the provocative, the lewd and the lascivious. But then came word last Friday from New York that the New York...more

EPA Raises Statutory Civil Penalty Amounts

If the cost of doing business includes responding to and resolving periodic environmental and worker safety enforcement matters, the price goes up on August 1. The EPA is raising statutory civil penalty amounts for the many...more

Regulatory Enforcement for Food and Beverage Industry Heats Up

Mid-to-late June 2016, federal and state authorities brought a variety of enforcement actions against food and beverage companies under environmental, health, and safety statutes, suggesting increased governmental oversight...more

NC Legislative Update - July 2016

Last Week - Following a fast paced week, the legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. After convening on April 25th, lawmakers completed the short session in just 68...more

Food and Beverage Industry in Regulatory Enforcement Crosshairs

Recent federal and state enforcement actions against food and beverage companies under environmental, safety and health statutes highlight the need for this industry to pay attention to both basic and unique compliance...more

Supreme Court Declines to Give Chevron Deference to Agency Regulation that Departed from Prior Agency Practice

On June 20, 2016, the U.S. Supreme Court issued a 6-2 opinion in Encino Motorcars, LLC v. Navarro et al., holding that the U.S. Department of Labor (Labor Department) was not entitled to receive Chevron deference with respect...more

European Commission Publishes Chemicals Legislation Roadmaps

The European Commission published two evaluation and fitness check roadmaps in May this year. These roadmaps will assist the Commission in assessing whether the current legislative framework for chemicals, including REACH, is...more

Former head of OSHA discusses workplace injury policies, DOJ enforcement

At a recent presentation at the St. Louis office of Thompson Coburn, John Henshaw, the former U.S. Assistant Secretary of Labor for OSHA, offered some insights into several top-of-mind environmental, health and safety issues....more

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