By Adam R. Young, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA announced last week a notice of proposed rulemaking to revise the personal protective equipment standard for the construction industry. A revised standard will clarify that personal protective equipment (PPE) must fit each affected employee properly, to protect them from
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019 state ban on intentionally added per- and polyfluoroalkyl substances (“PFAS”).
Maine’s 2019 Toxic Chemicals in
On July 21, 2023, the Bureau of Ocean Energy Management (BOEM) issued a Final Sale Notice (FSN) for offshore wind leases covering three areas on the Outer Continental Shelf (OCS) of the Gulf of Mexico (GOM). The auction will include a 102,480-acre area off the coast of Lake Charles, Louisiana and two areas off the coast of Galveston, Texas totaling nearly 200,000 acres. On August 29th, up to fifteen qualified bidders will vie to become the first offshore wind leaseholders in this high-potential region.
The 2023 Regular Legislative Session’s enactment of HB 196 brings robust changes to Louisiana’s summary judgment procedure, set forth in Louisiana Code of Civil Procedure Article 966. The newest amendment to Article 966 focuses primarily on summary judgment evidence, and these changes demand strict adherence to the newly amended summary judgment procedure.
Expansion of Documents
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners. That is because the Cape Cod problem is a specific instance of a more general environmental issue: the nitrogen in surface waters does not come
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth briefly reviewing what the case was actually about and what the decision says.
First, it’s important to
On August 14, EPA published its proposed modifications to regulations establishing the requirements for a state or tribe to assume the Clean Water Act (CWA) section 404 permit program, including necessary state program elements, EPA responsibilities (e.g., approval and oversight of assumed programs), and requirements for review, modification, and withdrawal of state programs. 88 Fed. Reg. 55,276 (Aug. 14, 2023). The proposal provides helpful clarifications but does not resolve a number of key issues faced by states considering assumption and by permittees in those States.
Production and Operation: The Department of Transportation’s National Highway Traffic Safety Administration Announces New Fuel Economy Standards for Cars and Trucks
On July 28, 2023, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed updated fuel economy standards for passenger cars and light trucks. A 60-day public comment period will follow
In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. 1) reversed a trial court order denying the City of San Diego’s (City) request to discharge a peremptory writ of mandate issued under CEQA that ordered the City to set aside three resolutions approving a set of neighborhood utility wire undergrounding projects. Because the writ did nothing more than order the approvals set aside, and the City’s return demonstrated full compliance with that CEQA mandate, the trial court exceeded its jurisdiction and abused its discretion in retaining continuing jurisdiction and failing to discharge the writ. McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (“McCann II”).
Animal Welfare: Massachusetts to Develop Rule, Will Delay Enforcement for Question 3 ‘Transshipped Pork’
On August 7, 2023, the U.S. District Court for the District of Massachusetts entered an electronic order granting a joint stipulation and motion to extend stay for six months in a case filed in August 2022 challenging Massachusetts Question 3, which
