Todd O. Maiden

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The California Occupational Safety and Health Appeals Board (Board) is soliciting public comments on proposed revisions to its Rules of Practice and Procedure. The three-member Board hears appeals from public- and private-sector employers regarding citations issued by the California Division of Occupational Safety and Health (DOSH) and is authorized to adopt procedural rules related to these appeals. If adopted, the proposals would primarily affect the way appeals are docketed and discovery is conducted during proceedings…
Following last year’s indictments of Arkema Inc. (Arkema) CEO Richard Rowe and plant manager Leslie Comardelle, a Texas grand jury recently indicted Mike Keough, Arkema’s Vice President of Logistics, in connection with allegations that Arkema failed to provide adequate emergency response information to response officials. Along with this indictment, recent charges against Intercontinental Terminals Company and the hiring of several additional prosecutors reflects Harris County District Attorney’s increased focus on prosecuting environmental and safety crimes.…
The California Air Resources Board (CARB) intends to expand its existing Ocean-Going Vessels At-Berth Regulation (the Regulation) in order to reduce further air emissions from ships docked in California. Proposed changes include: Increasing the number of ports and facilities subject to the Regulation; Expanding the types of vessels covered by the Regulation; and Changing the threshold for when emission control requirements are triggered.…
California’s Office of Environmental Health Hazard Assessment’s (OEHHA) announced on March 15, 2019, that it is collecting public comments regarding the inclusion of cannabis on the Proposition 65 list of substances known to cause birth defects. Such a finding by OEHHA would require those in the California cannabis industry to change their warning labels, informing users of the risk of birth defects. One of the many challenges facing the cannabis industry is ensuring compliance with…
The past year has been a busy one in environmental law and policy. While a look ahead could include topics such as likely impacts from continuing efforts by the current U.S. administration to bolster use of coal-fired energy or the myriad lawsuits facing the Environmental Protection Agency (EPA) in 2019 from environmental groups and state attorneys general, from a business perspective, developments in air and water related litigation and regulation are likely to have the most immediate domestic…