Category: Regulatory Developments

Navajo Nation Sees Relief in Lawsuit Over Navigable Waters Definition

New Mexico is known as the “Land of Enchantment,” but it is also a state without a lot of bodies of water. When the Trump administration changed the “navigable waters” definition to include only waters that flowed year-round, both New Mexico and Arizona were particularly hard hit, as the majority of their waterways don’t have […]

Carbon Capture Bills Gathering Steam in Congress

Several bills creating benefits and financing for carbon capture have been introduced in Congress and are seeing movement through bipartisan support.  Carbon capture, also known as carbon capture, utilization, and sequestration (CCUS), is the process of gathering carbon dioxide (CO2) emissions, typically from sources such as coal-fired power plants. Once captured, the greenhouse gas is […]

California and COVID-19

Taking a Closer Look: Understanding Cal/OSHA’s Latest COVID-19 Prevention ETS Revision

As reported in last week’s update, the California Occupational Safety and Health Standards Board recently adopted the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 emergency temporary standard (ETS) regulation. On the same day as Cal/OSHA’s update, California Governor Gavin Newsom also signed Executive Order (EO) N-09-21, bypassing the standard 10-day approval period and allowing […]

OSHA Offers $21M in Training Grants for Workplace Hazards, Infectious Diseases

The U.S. Department of Labor has announced funding opportunities for more than $21 million in Occupational Safety and Health Administration (OSHA) training grants for nonprofit organizations. The first availability will provide $10 million under the American Rescue Plan Act (ARPA) of 2021 for Workplace Safety and Health Training on Infectious Diseases, including the Coronavirus grants. To be eligible […]

Hazardous material release, RCRA, CERCLA

Call to Strengthen RMP Regulations

In response to the EPA’s request for comments on the Risk Management Program (RMP) regulations and related goals, on June 16, 2021, former EPA Administrator and New Jersey Governor Christine Todd Whitman, retired generals Russel Honoré and Randy Manner, former EPA Official Robert Bostock, and former National Security Council and Senate Intelligence Committee staff member […]

River

WOTUS to be Redefined Again

On June 9, 2021, the EPA and the Department of the Army announced that the definition of “waters of the United States” (WOTUS) will again be revised. How WOTUS is defined determines the geographical scope of federal jurisdiction under the Clean Water Act (CWA). Any body of water defined as WOTUS requires a permit for […]

Oil rig

District Judge Orders Federal Government to Resume Oil and Gas Drilling Auctions

Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana issued a preliminary injunction on June 15, 2021, blocking the Biden administration from continuing to enforce its moratorium on new oil and gas leases on public lands. “Doughty said that the administration cannot stop leasing without congressional approval and that the […]

Hazardous Waste Barrels, HSMs

1-Bromopropane being added to HAP list

On June 11, 2021, the EPA published advance notice of proposed rulemaking to add 1-bromopropane (1-BP) to the Hazardous Air Pollutants (HAP) list. This addition is historical as it will mark the first time an air toxin has been added to the HAP list through a petition and it “is the first time that a […]

Farming

EPA Ignored Policy and Procedures for Dicamba Registration

In a report dated May 24, 2021, the EPA Office of Inspector General (OIG) determined that the Agency “deviated from typical procedures in its 2018 Dicamba pesticide registration decision.” The watchdog report found required internal peer reviews were not conducted for three dicamba pesticide products. “While division-level management review is part of the typical operating […]

COVID-19 PPE, OSHA infectious disease standards

A Look at the OSHA COVID-19 ETS for Health Care

On June 10, the Occupational Safety and Health Administration (OSHA) announced it will issue an emergency temporary standard (ETS) to protect healthcare workers from COVID-19 exposures. The standard focuses on healthcare workers most likely to have contact with someone infected with the virus—primarily in hospital ambulatory care settings—but there are exemptions for healthcare providers that […]