Category: Regulatory Developments

Power lines in wetlands, Nationwide Permits, Clean Water Act

Changes to Nationwide Permits System Announced by Army Corps of Engineers

On January 13, 2021, the U.S. Army Corps of Engineers (USACE) announced publication in the Federal Register of its final rule for revisions and renewals to Nationwide Permits (NWPs). The USACE “reissued 12 and issued four new (NWPs) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water […]

COVID-19 PPE, OSHA infectious disease standards

President Biden Orders OSHA to Take Action on COVID-19

On January 21, President Joe Biden issued an Executive Order (EO) directing the Occupational Safety and Health Administration (OSHA) to issue updated employer guidance within 2 weeks on protecting workers from COVID-19. The EO also instructed the agency to consider establishing a COVID-19 emergency temporary standard (ETS) by March 15. It also ordered the Mine […]

environmental law, regulation, and regulatory developments

Environmental Regulatory Rollbacks Come to a Halt

Big changes have been promised from President Joseph Biden Jr., and he is wasting no time in getting started. On January 20, shortly after his swearing in ceremony, Biden’s chief of staff, Ronald Klain, issued a White House memo to all agency and executive department heads for a “regulatory freeze pending review.”

Prop 65

Prop 65 Changes Loom on the Horizon

Companies subject to California’s Proposition 65 (Prop 65) rule should prepare to make changes to their compliance plans, as the California  Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced substantial proposed changes to the rule on January 8, 2021.

White House

President Biden Issues Federal Employee Mask Mandate and Selects Acting OSHA Leaders

On January 20, President Joe Biden issued an Executive Order requiring mask wearing in federal buildings and on public lands and requiring all federal employees and contractors to wear masks while on duty. The order also instructs federal personnel to maintain social distancing and comply with guidance from the Centers for Disease Control and Prevention […]

Truck driving

Revised Vision Standard for CMV Drivers Proposed by FMCSA

Drivers with impaired vision in one eye could operate commercial motor vehicles (CMVs) in interstate transportation without first obtaining an exemption from the Federal Motor Carrier Safety Administration (FMCSA) under a proposed rule published January 12 (86 FR 2344). The proposed change would end the agency’s vision exemption program.

Asbestos danger tape

Asbestos: Federal Court Closes EPA Reporting Loophole

On December 22, 2020, the federal district court in the northern district of California ordered the EPA to make broad changes in its asbestos reporting requirements under the Chemical Data Reporting (CDR) rule.

Chemical manufacturing facility

Final Rules from EPA Address Five PBT Chemicals

The EPA issued final rules to reduce exposure to five persistent, bioaccumulative and toxic (PBT) chemicals under the Toxic Substances Control Act (TSCA) on December 22, 2020.