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Loper Bright Enterprises v. Raimondo, an upcoming case that will be heard by the U.S. Supreme Court (SCOTUS) this fall, is being closely watched because its decision is expected to determine whether the Chevron defense will reach its 40th birthday in 2024 or whether the precedent will fade away. The Chevron defense sets a legal […]
On September 22, 2023, the EPA proposed to strengthen a 2020 Clean Air Act (CAA) rule by ensuring industrial facilities that emit large amounts of hazardous air pollutants (HAPs) can’t increase emissions when reclassifying from a “major source” of emissions to an “area source.” The proposed amendments to the “Reclassification of Major Sources as Area […]
Several environmental and citizen watch groups have filed suit against the EPA in the U.S. Court of Appeals for the 9th Circuit to force the Agency to strengthen regulations for concentrated animal feeding operations (CAFOs) to provide better water quality protection. The lawsuit was filed after the EPA denied a 2017 petition that requested a […]
The Occupational Safety and Health Administration (OSHA) continues to carry out inspections and issue citations to employers that expose workers to hazardous conditions. We’ve summarized some of the key enforcement cases from the past few months for a look at where OSHA is focusing its efforts. National discount retailer fined $1.35 million OSHA entered a […]
In the third quarter (Q3), the EPA finalized 515 settlement agreements with companies small and large across the United States. This represents a significant increase in enforcement actions—up from 260 penalties—issued in Q2 for 2023. The actions taken resulted in $14,629,489 in fines. Here are some of the highlights. RCRA violations yield biggest fine from […]
On September 13, 2023, the EPA published a proposed rule in the Federal Register to amend the General Provisions for National Emissions Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAPs) under the Clean Air Act (CAA). […]
The EPA estimates approximately 9.2 million lead pipe lines are used to carry drinking water to homes across the United States. The Bipartisan Infrastructure Law made $15 billion available through the Drinking Water State Revolving Fund (DWSRF) to provide loans in support of lead pipe replacement projects in cities across the nation. “Washington, Oregon, Maine […]
Acting Secretary of Labor Julie Su will join American Society of Safety Professionals (ASSP) President Jim Thornton and New York Governor Kathy Hochul on October 11 to dedicate a memorial in New York City to the 146 garment workers killed in the 1911 Triangle Shirtwaist Factory fire, the ASSP announced September 27. The ASSP was […]
On September 25, 2023, the U.S. Court of Appeals for the District of Columbia denied a motion in Utah v. EPA to stay the EPA Good Neighbor Plan, which regulates air pollution crossing state lines. The single-page ruling states the motion was denied because the plaintiffs “have not satisfied the stringent requirements for a stay […]
The new final rule requiring reporting on all six fiber types of asbestos went into effect August 24, 2023. Issued under Section 8(a) of the Toxic Substances Control Act (TSCA), the rule requires asbestos manufacturers (including importers) and processors to report certain use and exposure information from the past four years, including information on asbestos-containing […]