February 2021
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Biden Administration Takes New Action to Ensure Increased Consideration of Climate Change Impacts by the Federal Government
On Friday, February 19, 2021, the Council on Environmental Quality (“CEQ”) rescinded prior draft guidance issued under the Trump Administration in 2019 (the “2019 Draft CEQ Guidance”), which had restricted the need for federal agencies to consider and quantify climate change impacts under the National Environmental Policy Act (NEPA). Continue reading
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U.S. EPA Embraces Prior Administration’s PFAS Drinking Water Proposals
On February 22, 2021, U.S. EPA announced that it was moving forward with implementation of several regulatory proposals issued in the waning days of the Trump Administration. First, U.S. EPA announced that it was finalizing its regulatory determination under the Safe Drinking Water Act (SDWA) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Continue reading
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Virginia’s COVID-19 Workplace Safety Regulation Is Permanent: A National Model
In July 2020, we reported that Virginia, an OSHA State-plan State, was the first in the country to issue a workplace safety regulation specifically addressing COVID‑19. At that time, the Virginia standard was issued as a temporary emergency rule, which would expire by January 27, 2021, unless made permanent. On the expiration date, Governor Northam… Continue reading
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Biden Administration Confirms COVID-19 Liability Protections for Federal Contractors, Employees and Volunteers
On February 16, 2021, Acting Secretary of the U.S. Department of Health & Human Services (“HHS”) Norris Cochran, published in the Federal Register the Sixth Amendment to the Declaration Under the Public Readiness and Emergency Act [“PREP Act”]. 86 Fed. Reg. 9516-9520 (Feb. 16, 2021). This is the second amendment to the Declaration issued since… Continue reading
2021, 42 U.S.C. § 247d-6d(i)(2), 86 Fed. Reg. at 9519 (Feb. 16, COVID-19, Federal Register the Sixth Amendment to the Declaration Under the Public Readiness and Emergency Act, HHS, National Strategy for the COVID 19 Response and Pandemic Preparedness, Norris Cochran, PREP Act, President Biden, U.S. Department of Health & Human Services -
EPA Approves Additional Pesticide Products to Use as COVID-19 Disinfectants
U.S. EPA recently has approved two new products for use on surfaces in the battle to kill SARS-CoV-2, the virus that causes COVID‑19. Continue reading
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OSHA Issues Proposed Update to Hazard Communication Standard
On February 5, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a proposed rule updating its Hazard Communication (“Haz Com”) Standard to align its rules with those in the seventh version of the United Nation’s Globally Harmonized System of Classification and Labeling of Chemicals (GHS), published in 2017. Continue reading
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DOJ Rescinds Nine Trump Environmental Policies
On February 4, 2021, in accordance with President Biden’s Executive Order 13,990 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis), DOJ directed its ENRD Section and Deputy Section Chiefs to withdraw nine environmental policies that were put in place by the Trump Administration. Continue reading