As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases...more
Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue....more
As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order...more
We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts. In a stark directive, Trump has...more
Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more
We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts, particularly in the arena of air...more
After more than forty years of research, scientists finally determined the molecular formula of a chemical found in chloraminated drinking water. Using advanced analytical techniques, researchers detected and characterized...more
On June 11, 2024, Texas Governor Greg Abbott announced his inaugural appointments to the new Fifteenth Court of Appeals. The new intermediate court of appeals will take effect on September 1, 2024, and have statewide...more
Companies seeking air quality permits or permit amendments for construction of new projects under the Texas Clean Air Act’s New Source Review (NSR) program should note recent court decisions at federal, state, and...more
Starting November 1, 2022, Texas Commission on Environmental Quality (TCEQ) will require applicants who are applying for a new registration, permit, or activity, or making certain changes to an existing registration, permit,...more
On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more
The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water...more
As the number of novel coronavirus (COVID-19) illness cases continue to grow in the United States, employers should be aware of their legal obligations under the Occupational Safety and Health Act of 1970 (“OSH Act”) and key...more
OSHA has finalized a rule that rescinds the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness...more
The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more
The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more
OSHA recently issued a Notice of Proposed Rulemaking that proposes to rescind the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and...more
The Texas Commission on Environmental Quality (“TCEQ”) has prepared a rulemaking that will consolidate for certain New Source Review (“NSR”) air permit applications the Notice of Receipt of Application and Intent to Obtain...more
Last week, the Supreme Court of Texas ruled that serving citation on the Texas Commission on Environmental Quality (“TCEQ”) outside a 30-day deadline set forth in the Texas Clean Air Act (“TCAA”) did not require dismissal of...more
The novel climate change tort cases are accelerating at a rapid pace. Over the past two weeks, several important events occurred in the lawsuits brought by multiple California cities and counties against the country’s...more
Yesterday, a California federal district court dealt a serious blow to two California cities’ climate change lawsuits against several major oil and gas companies. Judge William Alsup issued an order denying the plaintiffs’...more
If the first two months of 2018 are any indication, events to play out over the rest of the year will have a major impact on what constitutes a “discharge” subject to regulation under Section 402 of the Clean Water Act (CWA)....more
The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more
The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more
On October 25, 2017, Senator Orin Hatch (R-UT) introduced S. 2003, the “FDA Cosmetic Safety and Modernization Act.” The proposed legislation would amend the Federal Food, Drug and Cosmetic Act of 1938 (“FFDCA”) and allow the...more