On Friday, November 5, 2021, OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued (with most of the requirements to go into effect on December 5) and, almost immediately, it faced a number of legal challenges in various courts. The first court to make a ruling was the U.S. Circuit Court of Appeals
EPA Rule Eliminates Exemptions for Importers of Mercury-Containing Products
On November 2, 2021, the U.S. EPA announced revisions to its mercury inventory reporting rule under TSCA. The revisions eliminate an exemption for companies that import pre-assembled products containing a mercury-added component. The will result in companies that import certain batteries, switches, pumps, thermostats, fluorescent lights, and other industrial equipment to file reports under TSCA
EPA Increases Environmental Justice- Related Reviews and Enforcement
Under the Biden-Harris administration, the U.S. EPA has made advancing Environmental Justice (EJ) a leading priority. At times it has felt like EPA releases an EJ-related announcement, policy, or guidance every day. While that may be an exaggeration, EPA has taken numerous actions related to EJ issues over the last nine months. Perhaps the most
Four PFAS May Be Designated RCRA Hazardous Wastes
On October 26, 2021, the U.S. EPA announced it will initiate two rulemakings that will take significant steps to address PFAS contamination across the country. The first rulemaking will designate four of the so-called “forever chemicals” as hazardous wastes under RCRA. The four PFAS that will be the subject of this rulemaking are perfluorooctanoic acid
EPA Releases PFAS Strategic Roadmap
On October 18, 2021, EPA Administrator Michael S. Regan announced the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (Roadmap). The Roadmap is intended to be a comprehensive approach to confronting PFAS contamination nationwide. Among many other efforts, the Roadmap includes the following planned actions:
- Establishing a national primary drinking water regulation for PFOA and
OSHA retaliation complaints rising – Have you checked your anti-retaliation program lately?
Below is an excerpt of an article that was published in ISHN on October 14, 2021.
Most workers in the United States are protected from retaliation for raising workplace health and safety concerns and for reporting work-related injuries or illnesses. While these protections have been in place for decades, the COVID-19 pandemic has led to
EPA’s Draft Strategic Plan Emphasizes Environmental Justice
On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities over the next four years and how EPA will accomplish those priorities. The Biden administration has prioritized environmental justice and the
SEC Issues Climate Change Disclosure Compliance Letters
As previously discussed in a post on the Manufacturing Law Blog, the U.S. Securities and Exchange Commission (SEC) is increasing scrutiny of how thoroughly companies evaluate and disclose Environmental, Social, and Corporate Governance (ESG) risk, specifically climate change, and the impacts such risk may have on a company’s operations. In the latest move in
EPA Expands PFAS Testing Methods: Soil, Wastewater, and Groundwater
September 2, 2021, the Environmental Protection Agency (EPA), in collaboration with the Department of Defense (DOD), released the first EPA-validated laboratory analytical method to test for per- and polyfluoroalkyl substances (PFAS) in eight different environmental media. Method 1633, currently in draft form, is a single-laboratory validated method to test for 40 PFAS compounds in wastewater,
OSHA Publishes Updated COVID-19 Guidance
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general COVID-19 guidance earlier this month.
This guidance is intended to assist all employers and workers not subject to the ETS