Workplace Safety and Environmental Law Alert Blog

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Workplace Safety and Environmental Law Alert Blog

U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy

By Seyfarth Shaw LLP on August 21, 2019

By Jeryl L. Olson and Craig B. Simonsen Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018. According to the EPA Administrator Andrew Wheeler, “one of America’s great but untold environmental success stories is that we have made – and continue to make – great improvements in our air quality, thanks largely to state and federal implementation of the Clean Air Act and innovation in…

Workplace Safety and Environmental Law Alert Blog

DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers

By Seyfarth Shaw LLP on August 16, 2019

By Benjamin D. Briggs, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to “increase safety on America’s roadways.” The proposal, if adopted, would update existing regulations for commercial motor vehicle (CMV) drivers. FMCSA’s proposed rule– which is designed to alleviate “unnecessary…

Workplace Safety and Environmental Law Alert Blog

EPA Proposes Revisions to Clarify New Source Review Permitting Process – Updating “Project Emissions Accounting”

By Seyfarth Shaw LLP on August 7, 2019

By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify the requirements that apply to sources proposing to undertake a physical or operational change under the NSR PSD preconstruction permitting program. The proposal would “make…

Workplace Safety and Environmental Law Alert Blog

New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

By Seyfarth Shaw LLP on August 5, 2019

By Joshua M. Henderson, Ilana R. Morady, and Craig B. Simonsen Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers. An emergency regulation on Protection from Wildfire Smoke applies to outdoor workers and to workers in semi-indoor places. Examples include day laborers, agricultural workers, landscapers, construction workers, and sanitation workers. Requirements (described below) kick in when the current Air Quality Index (AQI) for airborne…

Workplace Safety and Environmental Law Alert Blog

Cool For the Summer

By Seyfarth Shaw LLP on July 22, 2019

By Bernie Olshansky and Ilana R. Morady Seyfarth Synopsis: As the mercury rises, California employers must comply with regulatory requirements to keep their employees cool. Employers should be aware of Cal/OSHA’s existing requirements for outdoor workplaces and proposed rules which could turn up the heat on indoor employers. California Keeps It Cool For many years, Cal/OSHA has distinguished itself from Federal OSHA by, among other things, requiring all California employers with outdoor work areas to take steps …

Workplace Safety and Environmental Law Alert Blog

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

By Seyfarth Shaw LLP on July 10, 2019

By Andrew S. Boutros, Michael D. Wexler, Alex Meier, Daniel P. Hart, Robert B. Milligan Seyfarth Synopsis: On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold information from a Freedom of Information Act (“FOIA”) request based on responsive information being confidential or a trade secret. Earlier this year,…

Workplace Safety and Environmental Law Alert Blog

Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious

By Seyfarth Shaw LLP on July 3, 2019

By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution Control Board, Docket Nos. 122798 and 122813 (June 20, 2019). In 2011, following a 2010 legislative directive, Pub. Act 96-1416 (eff. July 30, 2010), the Illinois…

Workplace Safety and Environmental Law Alert Blog

High Times Continue – Illinois Enacts Recreational Cannabis Law

By Seyfarth Shaw LLP on June 28, 2019

By Adam R. Young, Michael L. DeMarino, Jennifer L. Mora, and Craig B. Simonsen Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for cannabis use. The legislation takes effect on Jan. 1, 2020. Across the country, states are moving to legalize medical and recreational cannabis. In states that have legalized recreational…

Workplace Safety and Environmental Law Alert Blog

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered

By Seyfarth Shaw LLP on June 27, 2019

By Andrew H. Perellis, Joshua M. Henderson, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of Veterans Affairs, No. 18-15 (US June 26, 2019). The case challenged so-called “Auer” or “Seminole Rock” deference. Auer deference has recently been criticized…

Workplace Safety and Environmental Law Alert Blog

Half Baked — Illinois Legislature Includes Some Employer Protections in New Recreational Cannabis Law, But Creates Potential Liabilities

By Seyfarth Shaw LLP on June 13, 2019

By Adam R. Young, Michael L. DeMarino, and Jennifer L. Mora Seyfarth Synopsis: Illinois Governor J.B. Pritzker is expected to sign a new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for cannabis use. Across the country, states are moving to legalize medical and recreational cannabis. In states that legalize recreational cannabis, employers and drug testing services have seen significant increases…

Workplace Safety and Environmental Law Alert Blog

Blog Authors

U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy

DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers

EPA Proposes Revisions to Clarify New Source Review Permitting Process – Updating “Project Emissions Accounting”

New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

Cool For the Summer

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious

High Times Continue – Illinois Enacts Recreational Cannabis Law

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered

Half Baked — Illinois Legislature Includes Some Employer Protections in New Recreational Cannabis Law, But Creates Potential Liabilities

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