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Environmental, Health, and Safety Outlook for 2025

In putting together our thoughts on this post, it was hard not to think about the elephant in the room (see what I did there?). The change in administration has already brought significant changes in our nation’s...more

OSHA to Expand the Use of Instance-by-Instance Penalties

At the end of March, a new OSHA policy will go into effect expanding penalties for instance-by-instance (IBI) citations. The move signals OSHA’s stated commitment to increased enforcement in 2023 and beyond....more

California Bans the Manufacture and Sale of Certain PFAS-Containing Products

The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS)....more

OSHA Taking Comments on Proposed Permanent Healthcare COVID-19 Standard

OSHA has partially reopened the rulemaking record and scheduled an informal public hearing to seek comments on several topics relating to the development of a final standard to protect healthcare and healthcare support...more

Federal Court Strikes Down Trump Administration Clean Water Rule

On August 30, 2021, a federal court in Arizona struck down the Trump WOTUS rule, citing the serious errors in enacting the rule, as well as the serious environmental harm that it has caused....more

Maine Requires Companies to Pay For Their Packaging

Last month, Maine signed the nation’s first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States....more

Environmental Justice: An EPA Enforcement Priority

As we reported at the beginning of the year, President Biden has been making environmental justice one of his priorities since long before he took office. The United States Environmental Protection Agency (EPA) recently took...more

2021 Environmental, Health, and Safety Outlook for Manufacturers

This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new...more

Executive Orders Seek to Limit the Bite of Agency Guidance

On October 9, 2019, President Trump issued two executive orders regarding agency guidance – one focused on the development of new guidance and the other on the appropriate use of guidance in enforcement actions. And EPA is...more

EPA Unveils PFAS Action Plan

On Valentine’s Day, EPA showed a little love for per- and polyfluoroalkyl substances (PFAS), announcing a sweeping plan to address PFAS contamination and protect public health. ...more

2019 Environmental, Health, and Safety Outlook For Manufacturers

This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more

EPA to Rethink Cost-Benefit Analyses During Rulemaking Process

This week, EPA announced that it is considering developing regulations to optimize the use of cost-benefit analyses when it is taking regulatory action. Many environmental statutes require the consideration of costs and...more

Environmental Enforcement Actions Could be Curtailed by New DOJ Policy

In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

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