Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have previously discussed, the ETS had undergone a number of legal challenges. Most recently the United States Supreme Court stayed the ETS and
Supreme Court Stays Implementation of OSHA ETS
As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Yesterday, the United States Supreme Court reinstated the stay of OSHA’s ETS, ultimately sending the rule back to the Sixth Circuit to await a full review on the merits.
In the
Supreme Court to Hear Arguments on Two Federal Vaccine Mandates
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been working their way through the courts since November. Most recently, the U.S. Court of Appeals for the Sixth
Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard
On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the Fifth Circuit almost immediately issued a stay of the ETS after its release. The Sixth Circuit’s ruling
Revised Phase I ESA Standard Released – ASTM-E1527-21
On November 1, ASTM International (ASTM) released a revised standard for conducting Phase I Environmental Site Assessments (Phase I ESAs). The new standard – ASTM E1527-21 – establishes new requirements for complying with the “All Appropriate Inquiry” (AAI) rule in 40 CFR Part 312. The AAI is an essential element of environmental due diligence used
OSHA COVID-19 Emergency Temporary Standard
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