Environmental

July 14, 2020

On June 16, 2020, Ohio Governor Mike DeWine signed House Bill 168, which provides greater flexibility to manage environmental issues on commercial/industrial property. The bill will take effect on September 14, 2020 (90 days after the governor’s signature). What issue does H.B. 168 address? The cost to clean up historical contamination at commercial/industrial properties has long been an impediment to reuse and redevelopment. This has been particularly true in Ohio where it is estimated there…

E2 Law Blog

Price-Anderson Act Removal of Litigation Involving a “Nuclear Incident”

By Christopher Torres, David B. Weinstein & Christopher R. White

July 14, 2020

“Configuration of terrain is an aid to the army. Analyzing the enemy, taking control of victory, estimating ravines and defiles, the distant and near, is the Tao of the superior general.” Sun-tzu, The Art of War 214 (Ralph D. Sawyer trans., Westview Press 1994). While the use of Sun-tzu’s strategy dramatizes a litigator’s role, the principles apply. Where and how a litigation takes place matters. Consequently, parties will seek the advantages of the terrains and…

Inside Energy & Environment

Non-binding OSHA COVID-19 Guidance Sparks Calls for Federal Action and Plans for State Action to Create Binding Rules

By Thomas Brugato & E. Donald Elliott

July 13, 2020

Critiques of OSHA’s current flexible approach to COVID-19 in the workplace provide insight into how a Democratic administration might regulate differently at the federal level. Moreover, some states have moved forward with establishing binding rules to address COVID-19 in the workplace, which may provide models for future federal efforts.…

E2 Law Blog

Actualización: Subastas en materia de energías renovables en Latinoamérica

By Erick Hernández Gallego & Nancy Guillén Espinosa

July 13, 2020

Read in English. A continuación se detallan las actualizaciones más recientes y de mayor relevancia respecto de las Subastas en materia de energías renovables llevadas a cabo en Latinoamérica.…

Workplace Safety and Environmental Law Alert Blog

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

By Seyfarth Shaw LLP

July 13, 2020

By Jeryl L. Olson, Rebecca A. Davis, Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Source Facilities, 40 CFR Part 63. The proposed rules establish new emissions limits for a large number of chemicals, and…

Workplace Safety and Environmental Law Alert Blog

OSHA Updates FAQs on Face Masks in the Workplace

By Seyfarth Shaw LLP

July 13, 2020

By James L. Curtis, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has updated its frequently asked questions and answers to advise employers about the use of face masks in the workplace. We had blogged previously about face masks at work. See DOL Issues FAQs About Face Coverings, Surgical Masks, and Respirators in the Workplace, Nothing Comes Close To The Golden Coast: California Requires Masks…

Environment, Land & Resources

EU Commission’s Sustainable Finance Taxonomy Enters Into Force

By Latham & Watkins LLP

July 13, 2020

The sustainable finance classification system entered into force on 12 July 2020, providing a framework for other green initiatives. By Paul A. Davies and Michael D. Green On 12 July 2020, the EU’s regulation on the establishment of a framework to facilitate sustainable investment (the Taxonomy Regulation) entered into force, after several years of planning and deliberation. The EU Commission (the Commission) initially proposed an action plan on financing sustainable growth in March 2018. Action…

Energy & Environmental Law Blog

Court of Appeals Again Addresses the Level of Due Diligence Required under the Ohio Dormant Mineral Act

By Jay Carr & Mark Hylton

July 12, 2020

On June 1, 2020, the Seventh District Court of Appeals once again addressed the level of diligence required to identify holders of a severed mineral interest under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Fonzi v. Gary D. Brown & Eclipse Res., 2020-Ohio-3631, the appellee-surface owner filed his notice of abandonment by publication after conducting a search of the public records of Monroe County, Ohio, where his property was located,…

The Nickel Report

Agency Guidance and EO 13891 – What’s “active” and what’s “rescinded”?

By F. William Brownell

July 10, 2020

The Environmental Protection Agency (EPA) will be 50 years old this year. Over the past half-century, EPA has issued literally tens of thousands of documents explaining its extensive regulatory programs. These guidance documents come in a wide variety of forms. Some may be signed by the EPA Administrator. Many more are signed by officials in program offices, in the Regions, or even by technical staff. Some may provide broad national guidance, while others interpret rules…

EHS Law Insights

Comments sought on review of the EU General Product Safety Directive

By Jake Williams

July 10, 2020

The European Commission is currently seeking public comment as part of its review of the EU General Product Safety Directive (GPSD) (Directive 2001/95/EC). The GPSD sets out a broad regulatory framework for the placement of non-food consumer products (not regulated by other product specific EU legislation) on the EU market. In particular, it establishes the general safety requirement, that producers must only place safe products on the EU market, and requires that appropriate steps are…