Health & Safety Developments
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Jenner & Block’s Insurance Coverage for Environmental Claims Webinar
On Tuesday, April 16th, from 12:00 – 1:00 pm CST, Jenner & Block is hosting an interactive webinar that will discuss how environmental claims can arise in many different contexts and how high costs can be avoided. Continue reading
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New Jersey Puts PFAS Manufacturers in the Cross-Hairs
New Jersey continues to adopt an aggressive posture with respect to per- and polyfluoralkyl (PFAS) contamination. On March 25, 2019, the New Jersey Department of Environmental Protection (NJDEP) issued a “Statewide PFAS Directive Information Request and Notice to Insurers” to five major chemical companies notifying those companies that NJDEP believed them to be responsible for… Continue reading
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Trends in Climate Change Litigation: Part 1
By Matthew G. Lawson The term “climate change litigation” has become a shorthand for a wide range of different legal proceedings associated with addressing the environmental impacts of climate change. Plaintiffs in climate change lawsuits may include individuals, non-governmental organizations, private companies, state or local level governments, and even company shareholders who, through various legal… Continue reading
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EPA Can’t Dodge Gold King Mine Liability
U.S. EPA continues to be on the hook for damages associated with the Gold King Mine located in San Juan County, Colorado. The federal district court in New Mexico rejected U.S. EPA’s claim that it was protected from CERCLA liability on sovereign immunity grounds and found that plaintiffs’ allegations, if proven, would demonstrate U.S. EPA’s… Continue reading
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OSHRC Rules No General Duty Clause Hazard Or Feasible Abatement For Heat Exposure
In a 2-1 decision on February 28, 2019, the full Occupational Safety and Health Review Commission (“OSHRC”) vacated the U.S. Secretary of Labor’s Occupational Safety and Health Administration’s (“OSHA”) citation charging a roofing contractor with a “general duty clause” violation for exposing employees “to the hazard of excessive heat from working on a commercial roof… Continue reading
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BACT to the Future: Enviros Petition for Review on Natural Gas Power Plant Air Permit, Saying Batteries Are “BACT” Under the Clean Air Act
Last week, the Center for Biological Diversity and other environmental groups petitioned the Ninth Circuit for review of EPA Region 9’s decision in December 2018 to issue a final prevention of significant deterioration (PSD) permit for the Palmdale Energy Project (Project), a gas-fired plant being developed in the city of Palmdale, CA. These environmental groups… Continue reading
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What’s in Your Baby Powder: NY Proposes Stringent New Disclosure Requirements on Cleaning and Personal Care Products
Last week, New York Governor Andrew Cuomo announced the Consumer Right to Know Act (“Act”) as part of his proposed executive budget. The Act would authorize the New York Department of Environmental Conservation, along with the New York Department of Health and the New York Department of State, to promulgate regulations requiring product manufacturers to… Continue reading
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Exploring the E-Suite: Vol. 1, No. I
Exploring the E-Suite with Sharon Neal, Assistant General Counsel-EHS Counsel, Exelon BSC, Law Department Continue reading
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How Low Can You Go—States Continue to Lower Regulatory Bar on PFAS in Drinking Water
In 2016, U.S. EPA established an advisory level of 70 parts per trillion (PPT) for combined perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) which are two of the more commonly found polyfluoroalkyl substances (PFAS). Continue reading
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New OSHA Enforcement Policy Under General Duty Clause for Worksite Exposure to Air Contaminants
OSHA’s Directorate of Enforcement Programs recently issued an enforcement memorandum to all OSHA Regional Administrators providing a new “Enforcement Policy for Respiratory Hazards Not Covered by OSHA Permissible Exposure Limits” (“Enforcement Policy”). OSHA’s 2003 policy on the same topic is now superseded and archived. Continue reading