In landmark Arco decision, the U.S. Supreme Court held that state courts have jurisdiction to hear state law claims that involve sites with ongoing federal cleanup actions.
CERCLA does not strip state courts of...more
The latest iteration of the federal Critical Infrastructure Guidance expands the scope of critical workers a second time in less than a month, evidencing the continued fluidity of the rules that govern essential critical...more
The CDC sets higher safety standards for essential businesses, while guiding the strategy for all employers as businesses look to their future.
New CDC guidance allows essential workers to remain on the front lines even if...more
4/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Health and Safety ,
Healthcare ,
Masks ,
Operators of Essential Services ,
Social Distancing ,
Workplace Safety
Governor Edwards extends his stay-at-home order through April 30, 2020.
Now extended through April 30, Louisiana’s stay-at-home order directs everyone in Louisiana to stay at home unless performing an “essential activity.”...more
Governor Kemp orders Georgia residents and visitors to shelter in place and limit social interaction for 10 days.
By executive order, Georgia Governor Kemp issued a statewide 10-day shelter-in-place order, from April 3,...more
4/8/2020
/ Business Closures ,
Car Rentals ,
Coronavirus/COVID-19 ,
Court Closures ,
Essential Functions ,
Eviction ,
Executive Orders ,
Foreclosure ,
GA Supreme Court ,
Governor Kemp ,
Mayors ,
Moratorium ,
Operators of Essential Services ,
Public Health Emergency ,
School Closures ,
Shelter-In-Place ,
State and Local Government ,
State of Emergency
Gov. Whitmer strengthens her “stay home, stay safe” order and prohibits discharge, discipline, and retaliation against workers who stay home.
Gov. Whitmer defines quarantine periods and prohibits discharge, discipline, and...more
Aiming to protect public health within a large and diverse geography and an independent-minded culture, Texas responds to the COVID-19 pandemic with an evolving patchwork of state and local social distancing orders.
To date,...more
4/8/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Loans ,
Federal Reserve ,
Financial Stimulus ,
Fines ,
Health Care Providers ,
Lenders ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Social Distancing ,
Tax Relief ,
Texas
The April 3 State Health Officer order combines the state’s definition of essential activities with the federal definition of essential workforce.
Alabama mandates residents stay home except for defined “essential...more
Environmental agencies are responding with updated compliance and enforcement policies.
Temporary environmental enforcement discretion and forbearance policies can provide relief for companies and individuals unable to...more
EPA existing guidance provides some conceptual anchoring for informing evolving risk management considerations.
- Regulated parties face disruption of their ability to comply with environmental, health & safety laws due...more
The Coronavirus response is testing the limits of overlapping jurisdiction in the public health arena.
Amid the COVID-19 pandemic, state and local governments with sometimes overlapping jurisdiction are overlaying a quilt of...more
What does it mean for New York State to be on PAUSE?
New York State’s Governor Cuomo has implemented extraordinary measures to prevent the spread of COVID-19, closing all nonessential businesses effective Sunday, March 22,...more
Ten key issues property owners and landlords need to consider as they plan to confront the pandemic.
In a rapidly evolving situation, business plans need to anticipate risks and possible responses....more
3/13/2020
/ Commercial Tenants ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Hospitality Industry ,
Housing Market ,
Infectious Diseases ,
Landlords ,
Leases ,
Public Health ,
Workplace Safety
Practical steps to address cybersecurity threats—precautions to prepare for the possible system impacts from COVID-19.
Organizations preparing for COVID-19 are testing and implementing business continuity plans to address...more
3/10/2020
/ Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Infectious Diseases ,
Phishing Scams ,
Popular ,
Public Health ,
Remote Working ,
Risk Management ,
Telecommuting
Three Critical Steps for Ensuring Business Continuity -
As of today, there are reportedly more than 90,000 confirmed cases of COVID-19, with the virus having reached every continent except Antarctica...
...more
3/4/2020
/ Best Practices ,
Business Continuity Plans ,
Business Interruption ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Supply Chain ,
Workplace Safety ,
World Health Organization
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles.
- EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more
2/28/2020
/ Enforcement Actions ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Imports ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Risk Mitigation ,
Rulemaking Process ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or...more
A corporate crisis is an event that has the potential to cause material harm to a company’s reputation or bottom line. Typically, these crises have a potential liability element, whether because of negligence, oversight,...more
The Department of Interior’s Bureau of Safety and Environmental Enforcement is soliciting comments on whether and under what circumstances it should allow decommissioning-in-place of pipeline-related infrastructure in...more
On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.”
This...more
The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more
6/17/2016
/ Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Obama Administration ,
Oil & Gas ,
Volatile Organic Compounds (VOC)
After tackling greenhouse gas (GHG) emissions from passenger vehicles and power plants, the Environmental Protection Agency (EPA) on June 10 announced its latest regulatory initiative—a GHG emissions standard for aircraft....more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...more