Manufacturing Facilities

News & Analysis as of

Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

Wrap-Up of Federal and State Chemical Regulatory Developments April 2015

EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

Are you driving a defective forklift at work?

Freight shipping employees in Illinois operate tens of thousands of forklifts every day. According to a recent report released by the U.S. Occupational Safety and Health Administration, a well-known shipping company exposed...more

Three Months and Counting: Preparing for California’s New Industrial Storm Water Permit

If you operate one of the over 100,000 industrial facilities subject to California’s new Industrial Storm Water Permit (2015 Permit), you are probably already aware that only three months remain to ensure your compliance...more

PBGC Moratorium on Enforcement of 4062(e) Ends

The PBGC has announced that it will not continue its moratorium on enforcing ERISA section 4062(e) events. This announcement comes following the changes to section 4062(e) that were made under the Multiemployer Pension Reform...more

New Plant Shutdown Rules for Defined Benefit Retirement Plans

The 2015 omnibus appropriations bill (the "Omnibus Bill"), signed by President Obama on December 16, 2014, made significant changes to the "substantial cessation of operations" rules (also known as the "plant shutdown" rules)...more

EPA Environmental Appeals Board Upholds $600,000 RCRA Penalty

The U.S. Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB) has upheld the results of an EPA Resource Conservation and Recovery Act (RCRA) enforcement action involving hazardous waste storage that was...more

When Bad Things Happen at Good Facilities (Hazardous Air Pollutant Edition)

Malfunctions happen, even at a well-managed facility. When they happen, they can cause a facility to deviate from emission limits or other standards regarding (among other things) hazardous air pollutants. Furthermore,...more

Bring on the Bots!

While what constitutes “advanced” constantly evolves, advanced robotic systems have been a reality on manufacturing floors since at least the 1970s. These technological advancements can reduce costs, increase productivity,...more

NC Politics In The News

WINSTON-SALEM JOURNAL: New economic development strategy is in the works Gov. Pat McCrory said Thursday that he is working on a new economic development strategy for North Carolina, but it is too early to release details....more

New Jersey Federal Court Gives “Direct Physical Loss” Expansive Meaning Under A Commercial Property Policy.

In Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 165232 (D. N.J. Nov. 25, 2014), the district court concluded that a release of ammonia rendering a factory uninhabitable for several days...more

Congress Finally Enacts Chemical Facility Security Legislation

In a rare bipartisan gesture, on December 11, 2014, the House of Representatives unanimously passed H.R. 4007, the “Protecting and Securing Chemicals Facilities from Terrorist Attacks Act of 2014” (“Act”), which the Senate...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated - The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat...more

2014: An Exciting and Challenging Time for American Manufacturing

2014, the Manufacturing Industry Advisor’s inaugural year, marked an exciting but challenging time for American manufacturers. In our final blog post for the year, we will highlight some of the trends and developments we...more

Machinery And Equipment Exclusion From Real Property Taxation

One of the more interesting issues under Pennsylvania real property tax law is what constitutes an "industrial establishment," entitled to exclusion from taxation as real property under 72 P.S. Section 5453.201(a), of the...more

Application and Sale of Restricted Tax Credits

The Pennsylvania Department of Revenue has issued detailed rules for the application and sale of various Pennsylvania tax credits. Corporation Tax Bulletin 2014-04 replaces Corporation Tax Bulletin 2011-03. The Bulletin...more

Double Whammy for State Fuel Suppliers

The California Air Resources Board (CARB) is poised to readopt the Low-Carbon Fuel Standard (LCFS) regulation in early 2015. With its readoption, CARB hopes to put to rest challenges that required a redo of the environmental...more

OSHA Strengthens Local Emphasis on Hazardous Chemical Compliance

Omaha Area Director of the Occupational Safety and Health Administration (OSHA) recently announced a brand-new local emphasis program that will introduce regular health inspections at funeral homes, product and chemical...more

The Northern District of Indiana Holds That Loss Reserve Information Qualifies as Protected Work Product.

In G&S Metal Consultants, Inc. v. Cont’l Cas. Co., 2014 U.S. Dist. LEXIS 151431 (N.D. Ind. Oct. 24, 2014), the district court held that loss reserves generated in anticipated of litigation were protected under the work...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

"Turning Up the Heat" – Organizing Efforts in the South

It is no coincidence that the incredible resurgence of manufacturing in the Southeastern United States occurred in the absence of unionized facilities. Automotive, aerospace, and appliance manufacturers have flocked to the...more

Georgia PSC Issues Initial Decision in “Reconstruction in Substantial Kind” Case

On September 17, 2014, a hearing officer for the Georgia Public Service Commission (PSC) issued an initial decision in a “reconstruction in substantial kind” case under Georgia’s Territorial Act, O.C.G.A. § 46-3-1 et...more

Four bills broaden the appeal of IFDs as a funding mechanism for local infrastructure, environmental mitigation, private...

Four bills affecting infrastructure financing districts, a funding mechanism for infrastructure and development projects that benefit the broader community, were recently signed by Gov. Jerry Brown. IFDs, created in 1990,...more

Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials

Decision Impacts Public Works Projects in California - The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs...more

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