Category: Regulatory Developments

Is SCOTUS Setting Environmental Policy?

An op-ed opinion piece entitled “The Supreme Court votes for clarity from Congress. How refreshing” by George F. Will in The Washington Post drew an opposing viewpoint letter to the editor entitled “The court erred in EPA case,” published June 11, 2023. Will’s original opinion piece took the stance that “the nation will be better […]

EJ Permitting Bill Advances Through PA House

A Pennsylvania House of Representatives committee in June approved H.B. 652, a bill that would require developers of proposed industrial projects in environmental justice (EJ) areas to develop and submit a cumulative impact statement of the projects. “Environmental racism is a longstanding issue in the commonwealth,” Pennsylvania State Representative Donna Bullock says, according to The […]

Texas ERCOT Granted Sovereign Immunity

In June 2023, the Texas Supreme Court narrowly ruled that the Electric Reliability Council of Texas (ERCOT) is protected by sovereign immunity laws, which generally protect government entities from civil lawsuits. In a 5 to 4 ruling, the all-Republican Court found that ERCOT, which manages most of Texas’s power grid, qualifies for sovereign immunity because […]

EPA Proposes Ban on Most Uses of Perchloroethylene

On June 8, 2023, the EPA proposed a rule under the Toxic Substances Control Act (TSCA) to ban most uses of perchloroethylene (PCE), a chemical known to cause serious health risks such as neurotoxicity and cancer. The proposed rule bans all consumer uses of the chemical while allowing for many industrial/commercial uses to continue only […]

Healthcare Industry Group Predicts Patient Care Disruptions Due to EPA Regulations

The Society of Interventional Radiology (SIR) predicts “significant” patient care “disruptions” will result from the EPA’s proposed regulations to slash ethylene oxide (EtO) emissions by 80%, according to Radiology Business. “SIR, the American College of Cardiology and several other medical societies note that [EtO] is vital for the proper disinfection of catheters, stents, guiding sheaths […]

OSHA Seeks Employer Input on Heat Rulemaking

On June 22, the Occupational Safety and Health Administration (OSHA) invited small businesses to participate in the development of a federal heat standard to protect indoor and outdoor workers. The agency unveiled plans to hold OSHA Small Business Advocacy Review Panel meetings this summer to gather views on the possible effects of a heat standard […]

Controlling the Recognized Hazards of Heat and Smoke

Wildfire smoke exposure and heat-related illnesses like heat stroke are recognized occupational health hazards. Are you doing all you can to protect your employees from these summertime risks? While there are no federal standards for heat illness prevention or wildfire smoke exposure, the Occupational Safety and Health Administration (OSHA) has a rulemaking to establish a […]

OSHA’s Parker Highlights Agency’s Focus Areas at ASSP Conference

Heat stress and fall prevention continue to be among the major focus areas for the Occupational Safety and Health Administration (OSHA) this year, but a new focus is mental health. Speaking last week at the American Society of Safety Professionals’ (ASSP) Safety 2023 conference, Assistant Secretary of Labor for Occupational Safety and Health Doug Parker […]

Sackett Decision Implications for WOTUS And Chevron

On May 25, 2023, the U.S. Supreme Court (SCOTUS) issued its second opinion in Sackett v. EPA, ruling the EPA and the U.S. Army Corps of Engineers (Corps) improperly claimed jurisdiction over a private property wetland. In a unanimous ruling for the nine justices, Justice Samuel Alito, writing for the majority, said, “Wetlands that are […]