June 2020
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Trends in Climate Change Lawsuits: State Common Law Issues
As we have discussed in our previous blog posts, a growing form of climate change litigation in the United States consists of lawsuits filed by states or municipalities against private industry, and more specifically, the fossil-fuel industry. States, cities and other units of local government have filed lawsuits alleging state common law theories, including nuisance,… Continue reading
28 U.S.C. § 1442, 28 U.S.C. § 1447(d), appellate, assert climate change claims, Baltimore, Chevron, City of N.Y. v. BP P.L.C.. 325 F. Supp. 3d 466 (S.D.N.Y. 2018), Clean Air Act, Climate Change, Consumer Protection Act, failure to warn, federal court, Fossil fuel, litigation, local government, Maryland’s Consumer Protection Act, Mayor and City Council of Baltimore v. BP PLC, nuisance, Oakland, petition for a writ of certiorari, remand order, Rhode Island, San Mateo, state court, Supreme Court, trespass -
PFAS SNUR Finalized Without “Safe Harbor” Provisions
On June 22, 2020, U.S. EPA issued a final TSCA significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate (PFAS) chemical substances. Specifically, the SNUR designates as a significant new use manufacturing (including importing) or processing of (i) an identified subset of LCPFAC chemical substances for any use that was not… Continue reading
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U.S. OSHA Issues Guidance on Returning to Work
On June 18, 2020, U.S. OSHA issued its “Guidance on Returning to Work,” (“Reopening Guidance”) compiling best practices and existing regulatory standards to assist employers and workers return to work and reopen businesses characterized as non-essential in the earlier weeks of the COVID‑19 pandemic. Continue reading
2020, 29 CFR 1910.132, 29 CFR 1910.141, agency standards for personal protective equipment, anti-retaliation, best practices, biohazard, C9 CFR 1910.134, CDC, community transmission, contact tracing, control and prevention, controls, coronavirus, COVID-19, disinfect, disinfection practices, employee, employee training, employer, enhanced cleaning, environmental health, federal law, federal standards, Gabrielle Sigel, General Duty Clause, Guidance on Preparing Workplaces for COVID-19, Guidelines for Opening Up America Again, hazard assessment, Hazmat, health screenings, hygiene, identification, isolation, isolation of sick employee, June 18, Leah Song, mask, monitoring, non-essential business; stay-at-home, Occupational Safety and Health Act of 1970, OSHA, OSHA standards, PPE, reopening, Reopening Guidance, resurgence, return to work, return to work after illness or exposure, return-to-work procedures, SARS-CoV-2, Section 5(a)(1), shelter-in-place order, sick employee, social distancing, state law, temperature checks, temporary closure of business, testing, training, worker protection, workplace flexibilities -
U.S. Court of Appeals Denies AFL-CIO’s Petition for OSHA COVID-19 Emergency Temporary Standard
On June 11, 2020, the U.S. Court of Appeals for the D.C. Circuit denied the American Federation of Labor and Congress of Industrial Organizations’ (“AFL-CIO”) petition for a writ of mandamus to compel OSHA to issue an Emergency Temporary Standard for Infectious Diseases (“ETS”), providing regulations to protect workers against coronavirus exposure in the workplace. Continue reading
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OSHA Faces FAQs on Face Coverings
On June 10, 2020, in a series of six “frequently asked questions and answers” (Face Coverings FAQs), OSHA provided its first general guidance on the use of cloth face coverings in the workplace. In announcing the FAQs, OSHA’s Principal Deputy Assistant Secretary, Loren Swett, stated that it was issuing the guidance because “millions of Americans… Continue reading
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U.S. EPA Limits States’ Veto Rights on Infrastructure Projects
By Steven M. Siros Under Section 401 of the Clean Water Act (“CWA”), projects requiring federal permits or licenses that have the potential to result in point source discharge into waters of the United States must obtain a Section 401 water quality certification evidencing compliance with applicable state water quality standards. Until this state… Continue reading