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The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing industry trade groups and others have filed legal challenges to the rule’s validity. With the outcome of these challenges uncertain, manufacturers and other affected industries are currently subject to the compliance deadlines established in the Silica Rule—June 23, 2017 for the construction industry and June…
Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More specifically, manufacturers, distributors, and retailers of such products must ensure that by no later than May 11, 2016, consumers are provided a “clear and reasonable warning” regarding the hazards associated with BPA.…
Cybersecurity Manufacturers in the auto industry continued to face challenges and find opportunities related to cybersecurity in 2015, and those trends are expected to intensify in 2016. New laws and new threats (discussed in more detail here and here) have either incentivized or required manufacturers to evaluate their cybersecurity strengths and weaknesses, then capitalize on the former and work to eliminate the latter. In light of the rapid evolution of cybersecurity technology and threats,…
Cybersecurity Manufacturers continued to face challenges and find opportunities related to cybersecurity in 2015, and those trends can only be expected to intensify in 2016. New laws and new threats (discussed in more detail here and here) have either incentivized or required manufacturers to evaluate their cybersecurity strengths and weaknesses, then capitalize on the former and work to eliminate the latter. In light of the rapid evolution of cybersecurity technology and threats, manufacturers can…
During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. Enjoy reading and please have a safe and happy Thanksgiving! Addressing Climate Change in SEC Filings and Other Public Disclosures: What
Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported by adequate evidence, consistent with other public statements, and sufficiently specific with respect to the disclosing entity’s business. Companies making such disclosures should therefore ensure that they have adequately evaluated the impact of climate change on their business, as well as complied with…
While much of the focus on the United States Environmental Protection Agency’s (“EPA”) Clean Power Plan (“CPP”) relates to its impact on utilities and other energy providers, manufacturers and other large electricity consumers are understandably concerned about the CPP’s impact on their electricity bill. While these large consumers could see substantially higher electric rates as a result of the CPP’s implementation (assuming it survives judicial review), they may also be required and/or incentivized to help…
The United States Court of Appeals for the Sixth Circuit today issued a nationwide stay on the so-called “Clean Water Rule,” under which the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) revised the federal definition of “waters of the United States.” The rule, which is often referred to as the “waters of the United States,” or “WOTUS” rule, had previously been stayed in only thirteen states,…
On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding the application of various regulations under multiple federal environmental laws—including the Clean Water Act (CWA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)—this revision is expected to significantly impact the manufacturing industry and various other industrial…
In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept, particularly on the federal level, the proliferation of state regulation creates many new regulatory burdens and potential pitfalls that manufacturers must account for to avoid costly violations and regulatory scrutiny. At the state level, the most significant new regulations are California’s…