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FMCSA Limits Emergency Exemptions

A new Federal Motor Carrier Safety Administration (FMCSA) rule issued October 13 limits exemptions from safety regulations during emergency declarations (88 Fed. Reg. 70897). Under the revised regulations, a presidential emergency declaration will continue to trigger a 30-day exemption from FMCSA safety regulations (49 Code of Federal Regulations (CFR) Part 390 through 399), including hours-of-service […]

Should You Spend the Time and Money to Develop an Environmental Management System?

An “EMS” is a framework that helps you achieve your organization’s environmental goals through consistent control of operations. The assumption is that this increased control will improve your organization’s environmental performance. The EMS itself does not dictate a level of environmental performance that must be achieved; each company’s EMS is tailored to the company’s business […]

EPA/Corps’ U.S. Waters Guidance Still on Hold

As used in rulemaking, the phrase “waters of the United States” most often refers to waters subject to CWA Section 404 dredge and fill permitting as implemented by the Corps and subject to EPA approval.  But in the draft guidance, the agencies make it clear that the phrase extends to other major programs administered under […]

Worker Dies Just One Hour After a Near Miss

A cargo handler at Newark Liberty International Airport in New Jersey was towing a metal airplane tail stand—a metal frame used to support the tail of an aircraft when it is being loaded and unloaded—when the tail stand’s central stabilizer, or support, caught on the raised lip of a manhole cover, destabilizing it. The stabilizer […]

Labor OIG: OSHA Inconsistent in Handling Complaints

The Occupational Safety and Health Administration (OSHA) has been inconsistent in addressing safety and health complaints and referrals and did not regularly enforce hazard abatement timelines, according to an audit performed for the Labor Department’s Office of the Inspector General (OIG). The Lopez Group, LLP, an independent certified public accounting firm, conducted the audit for […]

Coal burning

CCR Amendments Include Waiver of Groundwater Monitoring

In 2018, the EPA issued the first of two sets of amendments to the Agency’s 2015 regulations (April 17, 2015, Federal Register (FR)) governing the disposal of coal combustion residuals (CCR) generated by electric power plants. Among other things, the 2015 rule directed that the owners and operators (O/O) of CCR units (i.e., landfills and […]

Webinar Wrap-Up: Navigating the Hazardous Waste Recycling Rules

In a recent webinar titled “Hazardous Waste Recycling: Uncover Cost-Effective and Legally Compliant Strategies for Your Organization’s Program,” speaker Philip Comella, Esq., head of the Environmental, Safety and Toxic Torts Group in the Chicago office of Seyfarth Shaw LLP, voiced what many have suspected: that the Resource Conservation and Recovery Act (RCRA) hazardous waste recycling […]

Marine Corps Denied Immunity and Ordered to Pay Pollution Penalties

On Thursday, July 29, 2021, in a split decision, the 4th U.S. Circuit Court of Appeals ruled that the U.S. Marine Corps must pay the North Carolina Department of Environmental Quality’s (NCDEQ) fine for excess air pollution emissions at its Craven County Air Station Cherry Point facility.   The decision reversed a federal district court […]