Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard

September 29, 2020

By Benjamin D. Briggs, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent infectious disease standard, with a deadline for consideration at their November 19 meeting. The Board believes an ETS would improve COVID-19 worker safety for California workers and give…

Law & The Environment

The New Midas Touch — Everything He Touches Turns To Dung

By Seth Jaffe

September 29, 2020

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Everyone noticed when President Trump issued an order earlier this month banning offshore oil and gas drilling in certain areas until 2032. It was obvious to everyone that this was a campaign stunt, intended to improve his changes in Florida and North Carolina. Of course, pretty much no one wants drilling in these areas and the order wouldn’t have been necessary but for Trump’s prior declaration that he was going to open up those areas…

Workplace Safety and Environmental Law Alert Blog

Roundup of August and September Workplace Safety and Environmental Blogs

By Seyfarth Shaw LLP

September 29, 2020

Seyfarth Synopsis: Here is a quick review and summary of our Workplace Safety and Environmental blogs posted over the last two months, as a way to keep you connected and aware of our latest thought leadership. As always, readers are encouraged to reach out to our authors with any comments or questions raised from the blogs. EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules Seyfarth Synopsis: On August 5, 2020, the…

Energy & Environmental Law Blog

Supreme Court of Ohio Sides with Injection-Well Operator in Takings Case

By Ilya Batikov

September 28, 2020

On September 23, 2020, the Supreme Court of Ohio ruled that fact issues prevented a lower court from granting summary judgment to the State of Ohio on a takings claim involving the indefinite suspension of a Trumbull County injection well. See State ex rel. AWMS Water Solutions, L.L.C. v. Mertz, 2020-Ohio-4509. Read more about this decision after the break.…

Energy Law Blog

Blockchain in the Electricity Industry: Six Items to Consider

By James Gatto, Mark Sundback, Andrew Mina & William Rappolt

September 28, 2020

Blockchain technology and smart contracts continue to show their potential for disrupting the electric energy industry. Through the use of blockchain, electricity markets could become more decentralized, efficient, transparent and automated. However, blockchain users must have a good understanding of the regulatory landscape in which they will be operating to ensure compliance with applicable laws, and traditional utilities should be aware of the opportunities and pitfalls the technology could pose. Please see attached the latest…

Workplace Safety and Environmental Law Alert Blog

CDC Issues Updated Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation Due to COVID-19

By Seyfarth Shaw LLP

September 28, 2020

By Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: CDC explains that the shutdown or reduced operation of a building and reductions in normal water use can create hazards for returning occupants. It recommends in its updated Guidance for Reopening Buildings that building owner-operators check for hazards before reopening. Hazards may include lead and copper contamination, mold, and Legionella (the cause of Legionnaires’ disease). Earlier this year,…

PFAS and Emerging Contaminants

Your Mission, Should You Choose to Accept It…: The “Innovative Ways to Destroy PFAS Challenge”

By Adam H. Cutler

September 28, 2020

In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend incineration of AFFF that the U.S. Department of Defense (DoD) had sent to a hazardous waste facility in Cohoes, NY, pending the results of environmental sampling in the nearby community. In late August 2020, the United States Environmental Protection Agency (EPA) announced…

Louisiana Law Blog

Louisiana Fifth Circuit Disagrees with First Circuit; Holds Construction Anti-Indemnity Act Applicable to Insurance Requirements of Public Contracts

By Thomas Bourgeois

September 28, 2020

In a recent decision disagreeing with the First Circuit, the Louisiana Court of Appeal, Fifth Circuit held that (subject to certain exceptions) the Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) (the “LCAIA”) is applicable to contracts awarded pursuant to the Public Works Act and prohibits a public entity from requiring a contractor to purchase insurance that would provide coverage for the public entity’s own acts or omissions. The LCAIA generally nullifies provisions in construction contracts…

EHS Law Insights

European Commission launches consultation to regulate green claims in marketing and combat ‘Greenwashing’

By Jennifer Travers

September 28, 2020

The European Commission has opened a consultation on a potential legislative proposal on substantiating green claims made when advertising and marketing products. The proposals are intended to implement one aspect of the European Green Deal which states, among other things, that “Companies making ‘green claims’ should substantiate these against a standard methodology to assess their impact on the environment”. This consultation contains a section targeting (a) the opinion of the general public, and (b) more…

Environment, Land & Resources

WEF’s International Business Council Releases White Paper on Converging ESG Reporting Standards

By Latham & Watkins LLP

September 25, 2020

The paper articulates common reporting metrics for sustainable value creation for companies reporting on ESG performance. By Paul A. Davies, Paul M. Dudek, Ryan J. Maierson, and Kristina S. Wyatt On September 22, 2020, the International Business Council (IBC) of the World Economic Forum (WEF), in collaboration with Deloitte, EY, KPMG, and PwC, published a white paper, Measuring Stakeholder Capitalism: Towards Common Metrics and Consistent Reporting of Sustainable Value Creation (the Report),…