frESH

Perspectives on Environmental, Safety & Health

On October 9, 2019, President Trump signed two Executive Orders that could have a few significant impacts on federal government agency guidance documents moving forward. The White House says these two Executive Orders are “combating bureaucratic abuse and holding federal agencies accountable.” Our read is that in many ways the two Executive Orders actually just maintain the status quo. Still, there are a few directives that could make a real difference.…
On November 6, 2019, the U.S. Environmental Protection Agency (US EPA) proposed a new procedural rule titled “Modernizing the Administrative Exhaustion Requirement for Permitting Decisions and Streamlining Procedures for Permit Appeals” (the Proposal). The Proposal represents the first update to the Environmental Appeals Board (EAB) in 27 years. Specifically, the Proposal would impact the EAB’s process for reviewing US EPA’s permitting decisions under the Clean Water Act, including National Pollutant Discharge Elimination…
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 September edition, we summarise 32 developments in the environmental, safety and health sector. Some of the top stories this month include: The 2019 UK Modern Slavery Report is published The Court of Appeal decides that the resources of a parent company should not be…
Disagreements between California and the US Environmental Protection Agency (US EPA) over greenhouse gas (GHG) standards for automobiles have been simmering since 2018, but tensions between the two sides have recently increased after California entered into a voluntary agreement on GHG standards with a group of major automakers, followed swiftly by US EPA’s withdrawal of California’s authority to enforce its own GHG standards. California has challenged the withdrawal in court. The dispute over vehicle emissions standards is…
On September 20, 2019, Maui County Council (Council) voted to settle the County’s pending appeal before the US Supreme Court of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et al. As previously reported here, the Ninth Circuit’s ruling held that the eventual migration of pollutants from permitted underground injection wells through groundwater into surface waters violates the Clean Water Act (CWA). The decision may portend an expansion of federal…
In recent years, offshore wind costs have tumbled, leading to significant potential growth in the industry.  However, US offshore wind developers setting up their supply chains need to be prepared to navigate a complicated regulatory scheme involving overlapping federal and state laws, and adequately protect themselves with contracts that reflect the unpredictability of building wind turbines in the ocean.  Offshore wind supply chain ventures will also likely face environmental opposition, despite the clean energy moniker. …
As we’ve covered extensively on this blog, the administrative state responsible for implementing environmental, health, and safety policy in the United States is in flux. A few months ago in Kisor v. Wilkie the US Supreme Court upheld but significantly narrowed Auer deference. Auer instructs that courts must defer to an agency’s construction of its own regulation unless that interpretation is “plainly erroneous or inconsistent with the regulation.” After Kisor though, lower courts reviewing an…
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 September edition, we summarise 30 developments in the environmental, safety and health sector. Some of the top stories this month include: Director Fined and Given Suspended Sentence After Health and Safety Executive (HSE) Investigation Allergen Labelling Laws for Foods Prepacked for Direct Sale –…
In June of 2018, the California State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW) provided recommendations for PFOA and PFOS notification levels.  On July 13, 2018, the State Water Board released guidelines based on DDW’s recommendations for testing and reporting on two PFAS compounds—PFOA and PFOS. The interim notification level for PFOA was 14 parts per trillion (ppt) and 13 ppt for PFOS. Notification levels are non-regulatory health-based advisory levels…