August 2017
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Shell Latest Target of CWA Climate Change Citizen Suit
On August 28, 2017, Shell Oil Company became the latest target of a Clean Water Act citizen suit lawsuit filed by the Conservation Law Foundation (“CLF”). Continue reading
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Court Decision Remanding FERC’s Evaluation of GHG Emissions May Derail $3.5B Pipeline
On August 22, 2017, a divided D.C. Circuit panel sided with the Sierra Club and other environmental groups by concluding that the Federal Energy Regulatory Commission didn’t adequately analyze the impacts of greenhouse gas emissions that may result from a $3.5 billion natural gas pipeline to be constructed through Florida… Continue reading
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EPA Withdraws Delay on Ozone NAAQS Designations
On August 1, 2017, 15 states and Washington D.C. filed a petition in the D.C. Circuit Court challenging EPA’s one-year delay of the ozone NAAQS deadline. Then, on August 2, 2017, EPA changed course and withdrew the extension. Continue reading
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OSHA Electronic Reporting Website Temporarily Suspended Due to Security Breach
Not long after the Occupational Safety and Health Administration (OSHA) launched its Injury Tracking Application website for Electronic Submission of Injury and Illness Records on August 1, 2017, OSHA has temporarily suspended user access to the site due to an apparent security breach. Continue reading
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Pro-Policyholder Talc-Related Asbestos Exposure Case Endorses Favorable Allocation Rule and Rejects Pollution Exclusion
A recent opinion from the Connecticut Appellate Court, R.T. Vanderbilt Co. v. Hartford Accident & Indemnity Co., 156 A.3d 539 (Conn. App. Ct. 2017), aides policyholders seeking coverage for asbestos-related long-tail liability claims under Commercial General Liability policies when responding to certain coverage defenses, including the allocation of risk for uninsured policy periods and the… Continue reading
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OSHA Accepting Electronic Injury and Illness Reporting Submissions
The Occupational Safety and Health Administration (OSHA) has officially launched its Injury Tracking Application website for Electronic Submission of Injury and Illness Records to OSHA. Continue reading
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D.C. Circuit Rejects U.S. EPA Efforts to Ban Hydrofluorocarbons
On August 8, 2017, the United States District Court for the District of Columbia issued a decision concluding that the U.S. Environmental Protection Agency (U.S. EPA) did not have statutory authority to issue a 2015 rule that restricted manufacturers from making certain products that contained hydrofluorocarbons (HFCs). HFCs are used in a variety of products,… Continue reading
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DHS Waives Environmental Laws to Construct San Diego Border Wall
The Department of Homeland Security announced yesterday its plans to waive numerous environmental laws to allow more expedient construction of barriers and roads in the vicinity of the international border near San Diego. The decision was signed by then DHS Secretary John Kelly and applies to a 15-mile border segment in San Diego where the… Continue reading