As we previously outlined, the Toxic Substances Control Act (“TSCA”) was amended in 2016 to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in commerce)....more
On Valentine’s Day, EPA showed a little love for per- and polyfluoroalkyl substances (PFAS), announcing a sweeping plan to address PFAS contamination and protect public health. ...more
2/15/2019
/ Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
National Action Plan ,
Pollution Control ,
Public Health ,
Regulatory Reform ,
Research Reports ,
Toxic Chemicals ,
Water Supplies
This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more
1/25/2019
/ Clean Water Act ,
Deregulation ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Manufacturers ,
Navigable Waters ,
OSHA ,
Regulatory Reform ,
Safety Inspections ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
Waters of the United States
A report released by cybersecurity firm Agari has come to conclusion that we have been experiencing all year—a hacking group in Nigeria, dubbed “London Blue,” is targeting CFOs and controllers from small businesses to...more
12/17/2018
/ Bitcoin ,
CFOs ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Drones ,
FinTech ,
Google ,
Hackers ,
HIPAA Breach ,
Marriott ,
OCR ,
OSHA ,
Pensions ,
PHI ,
Retirement Plan ,
Safety Inspections ,
Securities Litigation ,
Smart Contracts ,
Stock Prices ,
Vulnerable Victims ,
Workplace Safety
These days, it is not uncommon to see drones flying overhead. But employers beware…you might see one during your next workplace inspection....more
As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual...more
Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more
Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more
By now, we have all heard about the $289 million verdict against Monsanto in the Roundup litigation. A California jury awarded the sum to Dewayne “Lee” Johnson, a school groundskeeper who claimed that exposure to Roundup...more
This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more
This week, EPA announced that it is considering developing regulations to optimize the use of cost-benefit analyses when it is taking regulatory action. Many environmental statutes require the consideration of costs and...more
6/8/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Cost-Benefit Analysis ,
Deregulation ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Public Comment ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process
Under the 2016 Recording and Reporting Occupational Injuries and Illnesses rule (RROII Rule), December 30, 2017 was the first deadline for certain employers to electronically submit their 2016 300A summary forms, which...more
EPA Administrator Scott Pruitt is considering a plan to restrict the agency’s use of scientific data to only that data which is publicly available. The move would prevent EPA from using private studies, dubbed “secret...more
The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more
In our 2018 outlook, we told you about the trend towards cooperative federalism—EPA’s plan to “rebalance the power between Washington and the states to create tangible environmental results for the American people.” Early in...more
2/9/2018
/ Enforcement Actions ,
Enforcement Authority ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Interim Guidance ,
OECA ,
Public Health ,
Regulatory Violations ,
State and Local Government ,
Trump Administration
Reduced Regulation -
We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more
1/15/2018
/ Contaminated Properties ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
OSHA ,
Regulatory Reform ,
Reporting Requirements ,
State and Local Government ,
Strategic Planning ,
Superfund ,
Workplace Injury ,
Workplace Safety
As we outlined last year, OSHA recently revised its recording and reporting regulation to require certain employers to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s website. The deadline for...more
We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more
As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for...more
TSCA Framework Rules Promulgated -
As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those...more
Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more
A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more
Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more
Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more