frESH

Perspectives on Environmental, Safety & Health

A recent prosecution by the Environment Agency, where a company was ordered to pay £327,000, has highlighted potentially difficult issues for businesses in complying with the statutory waste duty of care. What is the Statutory Waste Duty of Care? All businesses generate waste of some description: from paper and kitchen waste in offices, to hazardous waste in manufacturing facilities. Section 34 of the Environmental Protection Act 1990 provides, amongst other things, that it is the…
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our June edition, we summarise 34 developments in the environmental, safety and health sector.  Some of the top stories this month include: A food grain storage company has received a fine of £180,000 following the death of a worker struck by a lorry onsite The Construction…
On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture, sale, and installation across vehicle types. Additionally, a recent case in the U.S. District Court for the District of Utah has…
Asbestos is in the hot seat these days and is receiving significant attention from both US EPA and Congress.  In particular, US EPA continues to evaluate asbestos risks under the Toxic Substances Control Act (TSCA) and has imposed additional regulations, while Congress is currently considering an outright ban on the substance. On April 25, 2019, US EPA issued a final Significant New Use Rule (SNUR) under Section 5 of TSCA to prevent certain discontinued uses…
We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our May edition, we summarise 26  developments in the environmental, safety and health sector. Some of the top stories this month include: A fine for a NHS Trust for exposing contractors to asbestos during refurbishment work The Food Standards Agency (FSA) fining a meat-cutting plant that…
US EPA has announced that the formal designation of substances as inactive on US EPA’s Toxic Substances Control Act (TSCA) Inventory will become effective on August 5, 2019. (84 Fed. Reg. 21773 (May 15, 2019)). US EPA’s action gives companies an additional three months to continue to manufacture, import and process substances, even though the substances are “identified” as “inactive” on the TSCA Inventory.…
During the spring’s customarily dreary weather, many states have been seeking out sunshine and wind. In the months of March and April alone, eight states in the US passed legislation in an attempt to either make the permitting process easier for solar and wind power or to commit to the use of renewable power by a certain date. The significant renewable energy legislation passed this spring are highlighted below:…
On Tuesday, April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181 (SB19-181) into law.  SB19-181 was a controversial bill as it made its way through the Colorado Legislature, and it is now a controversial piece of legislation.  Indeed, SB19-181 passed the Colorado Legislature strictly along party lines, and it has now pitted some local Colorado communities against the oil and gas industry.…
On March 29, 2019, the US District Court for the District of Alaska blocked the Trump Administration’s efforts to revoke the Obama Administration’s prior withdrawal of portions of the Arctic and Atlantic Oceans from mineral leasing under the Outer Continental Shelf Lands Act (OCSLA).  The court’s decision is noteworthy, not just for its implications for leasing on the outer continental shelf, but because it may foreshadow how courts will resolve similar and well-publicized challenges to…
Months ago, in the face of “unacceptably high” risk to the Colorado River’s complex system of reservoirs, US Bureau of Reclamation Commissioner, Brenda Burman, indicated that if the seven Colorado River Basin States could not agree to a drought contingency plan (DCP), then the federal government would post a notice in the federal register seeking comments from the states on the best course of action, and then unilaterally decide how to manage the river under…