Tag: CWA

CWA Jurisdictional Case goes to the Supreme Court

The U.S. Supreme Court continued its keen interest in the reach of the Clean Water Act (CWA) by agreeing to hear a case about whether a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) constituted a final action by the Corps. The Supreme Court will review a ruling by a panel of […]

High in the Fields: Marijuana and Pesticides

Twenty-three states and the District of Columbia have legalized marijuana for medical use. Four of those states and D.C. have also legalized the recreational use of marijuana. A growing number of other states are considering legalization. So, how are pesticides being regulated in marijuana fields, and what are the protections for field workers from pesticides […]

What the SEC Says about Reporting Climate Change Risks

Peabody Energy Corporation, the largest publicly traded coal company in the world, was recently muscled by the state of New York into revising its shareholder disclosures with the Securities and Exchange Commission (SEC) to include financial risks associated with climate change and potential regulations. Yesterday we reviewed SEC risk disclosure requirements. Today we will discuss […]

Break a Safety Regulation, Get 1 Year in Jail; Conspire to Do it, Get a Lot More?

Earlier this year, former Massey Energy CEO Don Blankenship was brought to trial on charges of conspiracy to violate mandatory federal mine safety and health standards, conspiracy to impede federal mine safety officials, making false statements to the Securities and Exchange Commission, and securities fraud. Blankenship faced up to 31 years in prison on the […]

WOTUS, WOTUS Everywhere, and Not a Drop in the Senate!

After failing the day before to collect the votes needed to approve a bill to force the EPA and Army Corps of Engineers (EPA/Corps) to rewrite their embattled June 29, 2015, Clean Water Rule (also called WOTUS for waters of the United States), Senate opponents of the rule gained the simple majority needed to pass […]

What HazMat Placard Does That Package Need?

Yesterday we discussed the relationship between labeling under the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HazCom) and the U.S. Department of Transportation’s (DOT) labeling requirements. Today we will offer some placarding tips for shipments of DOT-regulated hazardous materials. Quick Review Placards, like labels, are used to graphically communicate a cargo’s hazard. Generally, […]

GHS or DOT—Which Label Should You Use?

What’s the relationship between labeling under the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HazCom) and the U.S. Department of Transportation’s (DOT) labeling requirements? Which label must you use? Can you use both? Today we will help answer these questions, and tomorrow we will offer some placarding tips for shipments of DOT-regulated hazardous […]

RMP—What Happens When You Don’t Follow Your Plan

The U.S. Environmental Protection Agency (EPA) has been under pressure to update and better manage its Clean Air Act Risk Management Program and is moving ever closer to a proposed rule that will modify the program. The Agency continues to scrutinize facilities that are required to have risk management plans. Today we will review a […]

HAZWOPER Records Checkup

One of the most tedious aspects of an EHS manager’s job is to keep track of a host of records. Don’t get caught without the necessary records in the event of an OSHA or EPA inspection. One of the first things inspectors will ask for is records of compliance. Good recordkeeping indicates to them good […]

Dissipating the Hazards of Heavier-than-Air Vapors

On June 30, 2007, workers at a Little General gas station and convenience store in Ghent, West Virginia, were transferring propane from an existing propane tank (that did not meet safety codes) to a new propane tank (that did meet safety codes). During the transfer, the old tank began to leak flammable propane vapor. The […]