One area of EU law which is developing rapidly relates to improving the circular economy. There are a number of legislative proposals in the pipeline, but with the prospect of the UK leaving the EU in the next few years, what are the implications for these circular economy initiatives, and could there be opportunities for
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Coalition Seeks to Compel US EPA Action on States’ Impaired Waters Listings for Lake Erie
A coalition of environmental and conservation groups have given US EPA notice of their intent to sue over the Agency’s failure to timely review Ohio’s and Michigan’s biennial impaired waters listings. Under §303(d)(2) of the Clean Water Act (CWA), US EPA is required to approve or disapprove a state’s proposed list of impaired waters not
Successor Local Authorities May Be Liable Under the UK Contaminated Land Regime
The recent decision of the High Court in Price and Hardwicke v Powys County Council determined that a local authority may acquire potential liability under the contaminated land regime (“CLR”) from its statutory predecessor, notwithstanding that the CLR did not enter into force until over 5 years after the transfer of liabilities took place.
UK Environmental Audit Committee Calls For Brexit Environmental Protection Law
The UK Environmental Audit Committee (a cross-party parliamentary select committee which considers how well government policies and programmes contribute to environmental protection and sustainable development) has published its report on “The Future of the Natural Environment after the EU Referendum”. The report makes a series of recommendations for actions that the Government should take during
Despite New Administration, Environmental Groups May Influence Changes to US Industrial Stormwater Discharge Permits
Although the focus and priorities of a new US EPA administration under President-elect Trump remain unclear, regulatory changes may be in the works that could require certain industrial entities to either change how they handle stormwater discharges or face lawsuits brought by environmental groups. As described more fully below, US EPA entered into a settlement
What Duties Does a UK Employer Have in the Age of Rising Suicides?
In 2012, the UK Government published a strategy entitled “Preventing Suicide in England: A cross-governmental outcomes strategy to save lives”, and two further updates were published in 2014 and 2015. In 2016, an inquiry was launched by England’s Health Committee to tackle an 8% increase in the suicide rate. The issue of suicide
Health & Safety Retaliation Cases are Very Much Alive: Current Trends in OSHA and MSHA Whistleblower Laws and Regulations
What was recently a hot topic within the regulatory community, conversations about Occupational Safety & Health Administration (OSHA) and Mine Safety & Health Administration (MSHA) whistleblower, retaliation, and discrimination claims have seemingly fallen by the wayside. But don’t be fooled. Two recent developments demonstrate that these US Department of Labor agencies continue to find novel
Georgia and South Carolina are the Newest Battle Grounds for States’ Eminent Domain Authority
In 2005, the US Supreme Court held in Kelo v. City of New London that the city of New London, Connecticut could condemn 15 residential properties for a “public use” that entailed transferring the property to a new private owner. The majority opinion backstopped its expansive definition of “public use” by emphasizing that “nothing in [its]
OSHA Releases New Requirements for Settlement Agreements, Provides Whistleblowers with Additional Protections
The Occupational Safety and Health Administration (OSHA) released new guidance September 9 on settling whistleblower claims under the 22 statutes the agency administers that provide more protections to employees and make it more difficult for employers to end litigation.
US Congress Considers Law That Would Overturn Chevron Deference
Earlier this year, Senate and House Republicans introduced the “Separation of Powers Restoration Act of 2016.” On July 12, 2016, the House passed the bill by a vote of 240-171, largely along party lines.
The legislation would fundamentally alter a cornerstone of administrative law: Chevron deference. Chevron deference describes a doctrine articulated by a unanimous US Supreme Court in its 1984