Hazmat
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OSHA Issues Temporary Enforcement Guidance on Healthcare Employers’ Requirements for Fit-Testing of Respirators
One of the current Occupational Safety & Health Administration (OSHA) regulations on center stage as a result of the health crisis caused by the novel coronavirus and COVID-19 is OSHA’s Respiratory Protection Standard, 29 CFR § 1910.134 (“the Standard”). Continue reading
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U.S. OSHA Issues Guidance for Employers Regarding Preparing for COVID-19 Risks
On March 9, 2020, the federal Occupational Safety and Health Administration issued its “Guidance on Preparing Workplaces for COVID-19,” (“Guidance”) compiling best practices and existing regulatory standards for evaluating and preparing for risks to workers from exposure to the novel coronavirus and COVID-19. OSHA urges that, “it is important for all employers to plan now… Continue reading
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Clothing Company Agrees to Pay $69.5 Million to Settle PFAS Claims
In a consent decree filed in the United States District Court for the Western District of Michigan, Wolverine World Wide, Inc. (“Wolverine”) has agreed to pay up to $69.5 million to resolve claims that it was responsible for PFAS contamination found in drinking water in the Michigan townships of Plainfield and Algoma. Continue reading
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EPA Issues Emergency Guidance to Mitigate Spread of Coronavirus in the United States
On January 29, 2020, the United States Environmental Protection Agency (“USEPA”) activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides (the “Guidance”) in an attempt to help curb the spread of the Novel coronavirus (2019-nCoV) (the “Coronavirus”) in the United States. Continue reading
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U.S. Navy Does Not Have to Pay to Monitor Residents for PFOS/PFOA Exposure Issues
On January 15, 2020, the district court judge said that the Navy did not have to pay to monitor residents for potential health issues linked to PFOS and PFOA exposure. Continue reading
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Failure to Designate PFAS as Hazardous Substance May Doom Medical Monitoring Lawsuit
The fact that neither perfluorooctanoic acid (PFOA) nor perfluorooctane sulfonic acid (PFOS) is classified as a hazardous substance may prove fatal to plaintiffs’ efforts to convince a federal court judge to allow a novel citizen suit to proceed in the U.S. District Court for the Eastern District of Pennsylvania. In the case of Kristen Giovanni,… Continue reading
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New York Bans PFAS Chemicals in Firefighting Foam as Industry Fights for Exemptions
On December 23, 2019, New York Governor Andrew M. Cuomo gave conditional approval to a state ban on firefighting foams containing per- and polyfluoroalkyl substances (known as “PFAS”). PFAS, commonly referred to as “forever chemicals” due to their ongoing persistence in the environment, are a family of man-made chemicals commonly found in a variety of… Continue reading
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Available Company Defenses to Climate Change Shareholder Activism: Trends in Climate Change Litigation, Part 5
As noted in Jenner & Block’s prior blog post, Shareholder Activism: Trends in Climate Change Litigation, Part 4, an emerging issue for public companies in high greenhouse gas (“GHG”) emitting industries is increased pressure from environmentally focused “activist shareholders.” These shareholders often seek to leverage their ownership shares to influence companies into taking action to… Continue reading
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EPA Adds Seven Sites to the Superfund National Priorities List
On May 13, 2019, U.S. EPA announced that it is adding seven sites to the Superfund National Priorities List (NPL), which includes the most serious contaminated sites in the country. Continue reading
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Trends in Climate Change Litigation: Part 2—Investigations & Litigation by State Attorneys General
In the second installation of Jenner & Block’s Corporate Environmental Lawyer’s discussion of emerging trends in Climate Change Litigation, we are highlighting recent investigations brought by US state attorneys general against private companies for allegedly misleading the public and/or company shareholders regarding the potential climate impacts of their operations. Continue reading