The new hazardous waste pharmaceutical management standards established by EPA’s Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (“Rule”) are already effective in some states. Other states must adopt the rule by July 1, 2021 or, if a statutory amendment is required prior to the state’s adoption, by July
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Heavy-Duty Truck and Engine Regulation by US EPA and CARB: Agency Rulemaking in the COVID-19 Era

The US Environmental Protection Agency (US EPA) and the California Air Resources Board (CARB) are proceeding with development of proposed rules for on-road heavy-duty vehicle and engine regulation. As previously covered in our blog, US EPA and DOT already issued a final rule in early April rolling back greenhouse gas emission (GHG) standards in…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. Accordingly, the Louisiana Supreme Court has issued orders over the last several weeks to help the court system navigate through these challenging times. Recently, Louisiana’s Governor, in Proclamation JBE 2020-58, lifted the Stay-at Home Order…
Keeping it Clean: OSHA, CDC, and state-agency guidance explains how employers can help stop spread of COVID-19
Many businesses are reopening their doors as states lift closure orders. While a plan to reopen will look different for each company, all employers should ensure they are taking appropriate cleaning and safety measures to reduce possible exposure to the virus that causes COVID-19.
The Occupational Safety and Health Administration (OSHA) has recommended several measures…
National Security Tariff Investigation of Steel-Based Components of Electrical Transformers: Comment Dates Set
As described in an earlier post to this blog, the Commerce Department initiated an investigation under Section 232 of the Trade Expansion Act of 1962 into whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the United…
Supreme Court Creates New “Functional Equivalent” Test for Groundwater Discharges
Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund. However, the lower courts, EPA, and the regulated community will have many opportunities to shape the significance of the…
State Opposition to EPA’s COVID-19 Enforcement Discretion Policy Increases as AGs File Suit
Authors
Mitchell Guc, Associate, Pepper Hamilton
Todd Fracassi, Partner, Pepper Hamilton
Randy Brogdon, Partner, Troutman Sanders
On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here. The plaintiff states are New…
New York State Public Service Commission Accelerates Grid Modernization Efforts
On May 14, 2020, the New York State Public Service Commission (“Commission”) issued an order that will mark a turning point in the State’s electric grid modernization efforts (“Transmission Planning Order”). The Transmission Planning Order was issued in response to the recently enacted Accelerated Renewable Energy Growth and Community Benefit Act (“Accelerate Act”), which was…
Presidential Executive Order on U.S. Bulk Power System Equipment from ‘Foreign Adversaries’
On May 1, 2020, President Trump issued an Executive Order (EO) declaring a national emergency due to “foreign adversaries” that are “creating and exploiting vulnerabilities” in the U.S. bulk-power system (BPS). The EO prohibits “transactions initiated after May 1, 2020” for BPS electric equipment with voltages 69 kilovolt and above if the transaction would pose…
National Security Tariff Investigation Targets Steel-Based Components of Electrical Transformers
The Commerce Department on May 4, 2020, announced a new investigation under Section 232 of the Trade Expansion Act of 1962, examining whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the United States in such quantities or…

