Environmental

January 23, 2020

By Jeryl L. Olson, Kay R. Bonza, and Craig B. Simonsen Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, lower threshold quantities, and are generally more narrow than existing regulatory release reporting requirements already facing industry. The CSB proposed rules on Accidental Release Reporting last month which impose on industry new reporting…

Law & The Environment

The Wehrum Memo Still Isn’t Final Agency Action

By Seth Jaffe

January 23, 2020

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial. Judge Rogers is still right. The Wehrum Memo has – by intent – caused a 180o turn in how EPA handles MACT jurisdictional decisions. I remain of the view that the panel decision is inconsistent with…

Environmental Law & Policy Monitor

Court Dismisses PFOA and PFOS Contamination Claim Amidst Changing Regulatory Landscape

By William Droze & Mandi Moroz

January 22, 2020

Plaintiffs across the country have filed suit seeking relief for their exposure to per– and polyfluoroalkyl substances (“PFAS”), a group of man-made chemicals that the plaintiffs hope to link to a variety of adverse health effects, including cancer. While the health effects attributable to these chemicals are under study by state and federal regulators, decisionmakers have been slow to implement rules and regulations that provide those who have been exposed to these chemicals with a…

Workplace Safety and Environmental Law Alert Blog

Chinese Coronavirus Outbreak – What Employers Need to Know

By Seyfarth Shaw LLP

January 22, 2020

By James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: First American case reported of deadly new Chinese coronavirus. The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel Coronavirus (2019-nCoV) (coronavirus) first identified in Wuhan, Hubei Province China. Reuters reports that the virus has claimed nine lives and infected at least…

Energy & Environmental Law Blog

Supreme Court of Ohio to Determine Whether the Ohio Dormant Mineral Act Supersedes the Ohio Marketable Title Act as to Severed Oil and Gas Interests

By Jay Carr

January 21, 2020

On January 21, 2020, the Supreme Court of Ohio accepted an appeal from the Seventh District Court of Appeals’ decision in West v. Bode, Case No. 18-MO-0017. The issue accepted for review by the Court is whether, due to a perceived conflict between the statutes, the Ohio Dormant Mineral Act (R.C. 5301.56), being the specific statute, supersedes and controls over the Ohio Marketable Title Act (R.C. 5301.47, et seq.), being the general statute, as to…

EHS Law Insights

Washington releases draft refinery PSM rule and economic survey

By Ben H. Patton & Todd O. Maiden

January 21, 2020

The Washington State Department of Labor and Industries (L&I or Department) recently released two documents related to its development of a refinery-specific process safety management (PSM) rule. First, L&I released a revised draft of its proposed refinery-specific PSM rule language; the Department, however, will not be accepting comments on this language until formal rulemaking begins in May 2020. Second, the Department issued an economic survey for refineries, which L&I will use to develop an economic…

The Nickel Report

EPA Reportedly Expecting Manufacturers and Importers of Products Containing 20 Common Chemicals to Self-Report and Share in Costs of Chemical Risk Evaluations

By Elizabeth Reese, Daniel J. Grucza & Alexandra B. Cunningham

January 21, 2020

Companies that manufacture or import products containing one or more of 20 common chemicals may soon be required to disclose those activities and pay fees to offset the United States Environmental Protection Agency’s (EPA) review of those chemicals under the Toxic Substances Control Act (TSCA). In December 2019, EPA finalized its list of 20 high-priority chemicals for risk evaluation and potential regulation under TSCA: Formaldehyde, a chemical commonly used in building products and as a…

E2 Law Blog

Environmental Cases in the Pennsylvania Appellate Courts During 2019

By David Mandelbaum

January 21, 2020

By my count, the three Pennsylvania appellate courts decided 27 environmental cases in 2019. Categorization is somewhat subjective, so I apologize for any omissions. For brevity, citations are truncated, and omitted years are 2019. This survey briefly characterizes those cases under the following categories: Environmental Rights Amendment; pre-emption of local regulation; other local land use regulation issues; municipal fees; judicial review of regulations; standing; permits and appeals from them; enforcement appeals; other judicial issues, and;…

Inside Energy & Environment

IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

By Jake Levine & Rebecca Yergin

January 21, 2020

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary for Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.” Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator. The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared…

Workplace Safety and Environmental Law Alert Blog

OSHA Proposes Over $1M in Fines Against Florida Roofing Contractor for Egregious Fall Hazards

By Seyfarth Shaw LLP

January 21, 2020

By Brent I. Clark, James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work sites, with proposed penalties totaling $1,007,717.00. OSHA initiated the inspections after receiving complaints of employees performing residential re-roofing activities without fall …

Environmental

ANOTHER Chemical Release Reporting Obligation????

The Wehrum Memo Still Isn’t Final Agency Action

Court Dismisses PFOA and PFOS Contamination Claim Amidst Changing Regulatory Landscape

Chinese Coronavirus Outbreak – What Employers Need to Know

Supreme Court of Ohio to Determine Whether the Ohio Dormant Mineral Act Supersedes the Ohio Marketable Title Act as to Severed Oil and Gas Interests

Washington releases draft refinery PSM rule and economic survey

EPA Reportedly Expecting Manufacturers and Importers of Products Containing 20 Common Chemicals to Self-Report and Share in Costs of Chemical Risk Evaluations

Environmental Cases in the Pennsylvania Appellate Courts During 2019

IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

OSHA Proposes Over $1M in Fines Against Florida Roofing Contractor for Egregious Fall Hazards

Environmental Blogs

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