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Environmental Policy, Law

Enviro Enforcement Actions: An EPA Roundup for Q1 2020

In the first quarter (Q1), the U.S. Environmental Protection Agency (EPA) finalized 188 settlement agreements with companies small and large across the United States. This represents a significant increase in enforcement actions—up from 71 penalties issued in Q4 for 2019. The actions taken resulted in $4.1 million in fines. Here are some of the highlights.

OSHA Resumes Enforcement in 18 Florida Counties

The Occupational Safety and Health Administration (OSHA) has resumed regular enforcement in 18 Florida counties affected by Hurricane Ian, the agency announced January 24. In the hurricane’s aftermath, the agency suspended most programmed enforcement actions in Brevard, Charlotte, Collier, DeSoto, Flagler, Hardee, Hendry, Highlands, Lake, Lee, Manatee, Okeechobee, Orange, Osceola, Polk, Sarasota, Seminole, and Volusia […]

OSHA Won’t Enforce Vaccine Rule While 6th Circuit Weighs Consolidated Challenges

After the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) on mandatory COVID-19 vaccines on November 4, 2021, a number of lawsuits were filed challenging the agency’s ability to enforce the rule. After the U.S. 5th Circuit Court of Appeals stayed the cases (or put them on hold), the 6th Circuit […]

Chevron Defense Battle Lines Drawn in Upcoming SCOTUS Case

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 […]

Cooperative federalism

Collaborative Enforcement: EPA and the States

In September 2017, the EPA’s Office of Enforcement and Compliance Assurance (OECA) and the Environmental Council of the States (ECOS) kicked off a work group to find ways “to improve the state-federal relationship in the context of compliance assurance.”

Climate Change Insurance Defense Coverage Up in the Air

Who pays for climate change damages? Industry or their insurance carrier? The first cases that will determine the answer to these questions are making their way through the legal system. In the last few years, several state and local governments across the country have filed lawsuits against energy companies for their alleged contributions to climate […]

OSHA Announces Training Grant Recipients

OSHA has awarded $10.5 million in one-year federal safety and health training grants to 77 nonprofit organizations nationwide. The grants will provide training and education for workers and employers on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. They will also inform workers of their rights and employers of their […]

Labor Department Requests Vaccine Rule Reinstatement

Attorneys for the U.S. Department of Labor (DOL) November 23 asked a federal appeals court to lift judicial restrictions on an Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring employers with 100 or more employees to implement a program of COVID-19 vaccination or regular testing and face coverings to protect unvaccinated workers. […]