The Diamond Alkali Superfund site in Newark, New Jersey, which includes the 17-mile Lower Passaic River Study Area, may be one of the country’s most expensive and hotly contested Superfund Sites. The remedy for the dioxin-contaminated river may cost as much as $2 billion when it is completed. The Newark site has been the subject
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OSHA Finalizes PPE Fitting Requirement for Construction Workers
On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced it finalized a revision to the personal protective equipment (PPE) standard for the construction industry. The final rule adds specific language to the existing standard requiring employers to provide properly fitting PPE for construction industry workers. This change aligns the construction industry with…
EPA Releases PFAS Strategic Roadmap Third Annual Report
As the Biden-Harris administration draws to a close, EPA has issued its third annual report touting the progress made under the PFAS Strategic Roadmap.
In the report, EPA notes the major legal, technical, and policy developments it has enacted since the PFAS Strategic Roadmap was adopted in 2021. Those developments include the following:
- Designation
…
EPA Notice of Violation Letters Phishing Scam
On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding payment. Businesses have received these fraudulent letters through email and U.S. Postal Service mail. The letters allege that the…
OSHA Releases Proposed Extreme Heat Rule
On July 2, 2024, OSHA released the long-awaited Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. If finalized, the rule would require millions of employers to take steps to protect their workers from extreme heat. However, the proposed rule would not apply to “sedentary” or remote workers, emergency-response workers, or…
First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1
Below is an excerpt of a legal update co-authored with Real Estate + Development Group lawyer Eden Yerby.
In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two Vineyard Wind opponents concerning…
PFOA and PFOS Are CERCLA Hazardous Substances – Now What?
EPA recently issued its long-awaited rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Along with the rule, EPA issued PFAS Enforcement Discretion and Settlement Policy Under CERCLA. This policy document provides the regulated community with some insight as to how…
EPA Turns Up the Pressure on Chemical Release Prevention and Preparation
On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer Communities by Chemical Accident Prevention Rule,” reinstate certain Obama-era provisions previously rolled back under the Trump administration. However, the…
Connecticut’s Amended Environmental Justice Statute: Where Does It Stand?
Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) released a “Connecticut Environmental Justice Public Participation Guidance Document” (‘the Guidance”) concerning the 2023 amendments to Connecticut’s environmental justice (EJ) statute regarding permitting or other approvals for certain facilities. Although helpful in indicating DEEP’s interpretation of the amended statute (which is not a…
EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement
The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely adhered to requirements embedded in the due process clauses of the U.S. Constitution, the Brady doctrine, the Jencks Act, and the Federal Rules of…