In response to guidance issued by EPA’s Office of Enforcement and Compliance Assurance regarding enforcement discretion in light of COVID-19, the Virginia Department of Environmental Quality (DEQ) has issued its own guidance. In its accompanying press release, DEQ takes a stern tone and makes clear that DEQ expects compliance with all environmental compliance obligations and permit limits, that the crisis does not “equal a free pass for the regulated community,” and that regulated entities should make every effort to comply.
U.S. Dept. of Health and Human Services Makes it Illegal to Hoard Certain PPE, Ventilators and Sanitizing/Disinfecting Products
On Monday, March 30, 2020 the U.S. Department of Health and Human Services (DHHS) issued a notice in the Federal Register declaring certain goods as “scarce,” which means it is illegal to hoard those items. The DHHS is acting under authority granted by President Trump under the Defense Production Act of 1950 (the “Act”).[1]…
OSHA Recommendations for Municipal Solid Waste, Medical Waste, and Wastewater with Possible COVID-19 Contamination
The Occupational Safety and Health Administration (“OSHA”) has recently released guidance for solid waste and wastewater management workers and employers handling waste with potential or known COVID-19 contamination. This blog post details what that guidance means for employers.
While OSHA previously recommended treating this waste as regulated medical waste, OSHA now states that “the management…
Mexico’s SENER and SEMARNAT Suspend Activity Until April 20
This past week, Mexico’s Ministry of Energy (SENER) and Secretariat of Environment and Natural Resources (SEMARNAT) published official communications to suspend activity until April 20. These decisions impact terms, deadlines, promotions, and administrative procedures. To learn more about how this decision applies, please refer to my Alerts:
CARES Act Offers Much Needed Hope to Small Businesses
Keenly aware of the enormous impact COVID-19 is having on small businesses throughout the country, in response, the Congress approved and on March 27, 2020, the President signed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The CARES Act is intended, in part, to provide small businesses some much needed relief in…
Infrastructure Infodemic
As media reports of the coronavirus started to become front-page news, my interest was peaked by articles that described the situation as an “infodemic”. Now several weeks and three-federal relief packages later, I think it is safe to say that many non-federal infrastructure interests are surfing from an infodemic on what Congress did and (more to the point) did not do with over $2 trillion dollars in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In the last week, I’ve fielded more questions than I can count regarding federal stimulus opportunities. And with each response, I’ve done my “glass half full” best to throw tepid, not cold water on the situation.
Before Making Pandemic Response Products, Consider Environmental Regulations
By Jillian Kirn
Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time when the Coronavirus Disease 2019 (COVID-19) has upended ‘business as usual’ throughout the country and the world. Consumers empty shelves of hand sanitizer, health care…
Last call for alcohol… comments. Proposed amendments to clarify the requirements for providing alcoholic beverage Proposition 65 warnings
Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the Proposition 65 warning requirements for alcoholic beverages sold on the internet, in catalogs, and via third-party providers. The most prominent item in the settlement’s methods and in OEHHA’s proposed amendments are that alcoholic beverages sold online or through a catalog must have a warning on the internet site or in the catalog, as well as a warning provided to the purchaser or delivery recipient prior to or at the same time as delivery (e.g., a warning label on a bottle or can).
The amendments would affect industry stakeholders such as retailers, manufacturers, and third-party providers. Affected businesses will likely benefit from the proposed regulatory action because the amendments provide clarifying guidance concerning the provision of Proposition 65 warnings for alcoholic beverages purchased via the internet (including mobile applications) or through catalogs. However, with the increased use of third-party providers to facilitate sales, businesses may need to change their current standards to ensure that warnings are provided to the purchaser or delivery recipient prior to or at the same time as delivery.
Tax and Accounting Implications of the $2 Trillion Stimulus to Assist Individuals and Businesses Impacted by the Novel Coronavirus Pandemic
On March 27, 2020, President Trump signed H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (Public Law No: 116-136, the “CARES Act” or the “Act”). The CARES Act makes significant changes to the taxation of individuals and businesses in the form of a number of relief provisions designed to mitigate the negative economic…
Offshore Marine Service Association’s (OMSA) Guidance on Personnel Transport During the COVID-19 Pandemic
On March 25, 2020, the Offshore Marine Service Association (OMSA) issued a memorandum providing guidance on the transport of potentially infected personnel during the COVID-19 pandemic. The memorandum aims to guide the offshore service industry on using the appropriate standards and procedures prior to, during and after the transport of potentially infected personnel.
The transport…