May 2012
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OSHA Issues Directive for Approach to Deceased Workers’ Families
The Occupational Safety and Health Administration (“OSHA”) has issued its first official directive regarding OSHA’s communications with a deceased worker’s family after the occurrence of a workplace fatality. OSHA Directive No. CP: 02-00-153, effective April 17, 2012. The Directive provides guidance, not regulations, on how OSHA will communicate with the family from the point that… Continue reading
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U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims
The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from the collapse of the World Trade Center buildings are subject to the “act of war” affirmative defense from liability under the… Continue reading
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OSHRC Clarifies Who Is Responsible Executive for Injury Recording Purposes
The federal Occupational Safety and Health Review Commission (“OSHRC”) recently clarified who can qualify as a “company executive” authorized to certify the accuracy of a company’s annual summary of workplace injuries and illnesses. Secretary of Labor v. C.P. Buckner Steel Erection Inc., No. 10-1021, OSHRC, Apr. 25, 2012. The annual summary is required by regulations… Continue reading
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100 Hour CAA Exemption For Backup Generators Used For Demand Response Programs
On May 24, 2012, U.S. EPA issued a proposed rule, that among other things, would allow backup stationary electricity-generating engines to operate for up to 100 hours during demand response emergency and peak-use periods without having to comply with emissions limitations applicable to non-emergency engines. Continue reading
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Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup
In long-running litigation regarding one of the costliest Superfund cleanups in the country, the U.S. District Court for the Eastern District of Wisconsin reversed a decision it reached just 5 months earlier and found that Appleton Papers Inc. (“API”) was not liable to the federal government for performance of a cleanup. U.S. v. NCR Corp.… Continue reading
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MIT Climate Change Report Addresses Impacts To Cities
Cities around the world are increasingly aware of the need to prepare for greater variability in temperature, precipitation, and natural disasters expected to take place as a result of global climate change. To gain insight into the status of adaptation planning globally, approaches cities around the world are taking, and challenges they are encountering, a… Continue reading
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Federal Court Finds CERCLA Insurance Case Filed 7 Years After Notice, Timely
In Wiseman Oil Co., Inc. v. TIG Ins. Co., the federal court refused to dismiss claims for breach of the insurer’s duty to defend and duty of good faith in an insurance coverage action filed in 2011 seeking to recover for CERCLA claims brought in 1997 by the federal government. No. 2:11-CV-1011-JFC-LPL (U.S. Dist. Ct.… Continue reading
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New USGS Studies Show Effects Of Climate Change On Water Availability In 14 U.S. Local Basins
According to the USGS, climate change projections indicate an increase in temperature progressing through the 21st century, generally resulting in snowpack reductions, changes to timing of snowmelt, altered streamflows and reductions in soil moisture. These factors will affect water management, agriculture, recreation, hazard mitigation and ecosystems throughout the U.S. New studies show, however, that climate… Continue reading
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Federal Appellate Courts Limit OSHA Injury Recordkeeping Enforcement
Two recent U.S. Court of Appeals decisions limit the Occupational Safety and Health Administration’s (“OSHA”) ability to enforce regulations regarding workplace injury and illness reporting. OSHA requires most U.S. employers to prepare detailed logs of every significant work-related injury and illness. 29 C.F.R. Part 1904. The injury/illness must be recorded within seven days of an… Continue reading
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Sustainability Remains A Challenge For U.S. Businesses
Two new reports recently released by EIRIS and CERES suggest that U.S. businesses are making progress on sustainability initiatives but may lag behind European companies. On May 1st, EIRIS released On Track for Rio+20: How are Global Companies Responding to Sustainability? On April 25th, Ceres released The Road to 2020: Corporate Progress on the Ceres… Continue reading