Category: Regulatory Developments

SEC Closely Scrutinizing Green Investments and Climate-Related Disclosures

Melissa Hodgman, acting director of the Securities and Exchange Commission’s (SEC) Enforcement Division, indicated that the SEC expects to look more closely at “green” investments in the future. Her comments were made at a Managed Funds Association webcast, according to Law 360. Her remarks come on the heels of the SEC’s March 4, 2021, announcement […]

GAO Recommends Significant Changes for EPA to Reach NPDES Compliance Goal

The Government Accountability Office (GAO) reports that almost 11,000 facilities exceeded their National Pollutant Discharge Elimination System (NPDES) permitted wastewater discharge limits and illegally discharged wastewater pollutants in 2018. “EPA has a goal to reduce by half significant noncompliance with individual NPDES permits by the end of FY 2022,” according to the GAO. “But the […]

NY Sets August 5 Infectious Disease Plan Deadline

Employers in New York state must have an infectious disease exposure prevention plan in place by August 5, according to a state Department of Labor spokesperson. However, the precautions under the plans only go into effect when state public health authorities make a “highly contagious communicable disease” declaration. At the moment, there is no such […]

OSHA Cites NJ Contractor for Settlement Agreement Violations

The Occupational Safety and Health Administration (OSHA) cited a Bergen County, New Jersey, roofing contractor with violating a settlement agreement and 10 new safety violations. The agency is now seeking $600,741 in penalties for the new violations. Janiec Roofing Inc. of Lodi, New Jersey, entered into a settlement agreement with OSHA after two 2019 inspections […]

EPA Considers Placing Limits on PFAS in Drinking Water

On July 12, 2021, the EPA announced per- and polyfluoroalkyl substances (PFAS) are among a new group of contaminants being considered for monitoring under the Safe Drinking Water Act. The PFAS were part of the EPA’s “Draft Contaminant Candidate List 5 (CCL 5), which provides the latest list of drinking water contaminants that are known […]

Ignoring OSHA Safety Standard Not ‘Reasonable’ Accommodation

Most employers know the Americans with Disabilities Act (ADA) requires them to consider a disabled employee’s request for a reasonable accommodation so she can perform an essential function of her position. In a recent decision, the U.S. Court of Appeals for the Second Circuit (whose rulings apply to all New York employers) held an employee’s […]

Oregon-OSHA Adopts Temporary Heat Safety Rules in Wake of Historic Temperatures

The entire Pacific Northwest region has suffered through a recent period of unprecedentedly high temperatures, even for summer. In response, the Oregon Occupational Safety and Health Administration (Oregon-OSHA) has adopted emergency heat safety rules that apply whenever employees must work when the heat index is 80 degrees or more.  What Is Heat Index?  The heat […]

California wildfire

Cal/OSHA Warns Employers of Wildfire Smoke Hazards

The California Division of Occupational Safety and Health (Cal/OSHA) on July 13 reminded employers of their obligation to comply with the state’s protection from wildfire smoke standard, which requires employers to take steps such as moving work operations, modifying work schedules, or providing proper respiratory protection such as N95 respirators in the event of wildfires. There […]

Colorado Whistleblower Complaint Launches Air Permitting Investigation

On July 1, 2021, Colorado Attorney General Phil Weiser announced that attorneys at Troutman Pepper Hamilton Sanders LLP have been appointed as special assistant attorneys general to conduct an independent investigation into “allegations regarding alleged improper non-enforcement of air quality standards as alleged by certain Air Pollution Control Division staff at the Colorado Department of […]