President Bush’s nomination to head the EPA is known for his ENLIBRA philosophy; it stands for dialogue and consensus rather than regulation and litigation–also for strong state rights in the environmental arena. Utah Governor Michael Leavitt may be the EPA’s next Administrator.
21
Dec
Small Business Liability Relief and Brownfields Revitalization Act
Congress passed HR2869, the Small Business Liability Relief and Brownfields Revitalization Act on December 21, 2001. President Bush is expected to sign the bill into law. The bill protects small businesses and residential generators from most CERCLA liability, creates new grant programs for brownfield redevelopment, clarifies and expands the innocent purchaser exemption, and creates new protections for prospective purchasers. To see how the amendments apply to you, contact Shell.
17
Dec
Indoor Air Quality Proposal Withdrawn
This mainly cigarette smoke proposed rule was controversial from the beginning.
20
Mar
OSHA’s Ergonomics Rule Vetoed by Congress
Congress exercised (for the first time) its authority under the Congressional Review Act of 1996 to override and nullify OSHA’s Ergonomics Rules. To see how this law may be used against other federal agency rulemaking, and what it portends for OSHA in the future, contact Shell.
26
Dec
Final Ergonomics Program
Over a decade in the offing and delayed more by politics than science, OSHA has finally promulgated an ergonomics standard (29 CFR 1910.900), which will become effective on January 16, 2001. The standard requires that when an employee reports a musculoskeletal disorder the employer must review risk factors associated with the job, and establish an ergonomics program for that job if the risk factors meet an action trigger established in the standard. For information on the standard and how it may apply to you, contact Shell.
01
May
DC Circuit Sets Aside EPA 1998 Periodic Monitoring Guidance For Title V Operating Permits
On Friday, April 14, 2000, the US Court of Appeals for the District of Columbia Circuit, in Appalachian Power Company et al. v. EPA, ruled that EPA circumvented its obligation to make major policy changes through formal rulemaking processes by seeking to expand monitoring activities under the Clean Air Act through the use of its 1998 Periodic Monitoring Guidance for Title V Operating Permits.
01
May
Draft EPA Report–Healthy Buildings–Comments Due
EPA has published its Draft Final Healthy Buildings, Healthy People: A Vision for the 21st Century Report. Comments are due by May 31, 2000. Access the report at Note to Readers.
28
Nov
OSHA Proposes Ergonomics Standard
On November 23, 1999, OSHA published its long-awaited (dreaded) proposed Ergonomics Standard in the Federal Register. The standard will require ergonomics programs at employers where one or more employee has suffered a musculoskeletal disorder. Employees on disability leave will have to be paid 100% of their wages and benefits. For more information, contact Shell.
27
Oct
OSHA Says It Won’t Routinely Request Employers’ Voluntary Self-Audits
For several years OSHA has had the right to obtain employers’ self-audits. In some instances OSHA inspectors have routinely demanded voluntary self-audits at the outset of an inspection, using the road map to investigate possible violations, and if found, classify them as willful. On October 6, 1999 (and finalized on July 28, 2000) OSHA announced that it will no longer do so. BUT BEWARE. OSHA may still demand self-audits if it independently suspects a violation.
31
May
New Enforcement Policy
On April 19, 1999, OSHA announced a new site-specific enforcement plan that targets 2,200 workplaces for immediate, unannounced wall-to-wall inspection. The new plan, announced following the federal appelate court’s striking down of OSHA’s so-called Cooperative Compliance Program (“CCP”), is based on 1997 injury and illness data. Under the new plan, work sites with a Lost Workday Injury and Illness Rate (“LWDI”) of 16.0 or more will be inspected by the end of 1999. Employers with an LWDI of 16.0 or more should prepare for an inspection immediately.
Biography
The Law Offices of Shell J. Bleiweiss was founded on the premise that clients should be able to find proven, top-quality outside counsel in a more cost- effective setting than large firms.
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Categories- Environmental (17)
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Recent News & Articles
- → 10/25/2011
Supreme Court to Consider Availability of Pre-enforcement Review of EPA Administrative Orders - → 6/23/2011
Supreme Court – CAA preempts federal common law - → 6/13/2011
Timing of Environmental Citizen Suits – New Ruling - → 10/30/2010
Rapanos Impacts NPDES Permitting As Well As Wetlands Jurisdiction - → 1/07/2010
Climate Change Science – Post to ABA Section of Environment’s Year-In-Review
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