ENVIRONMENTAL
Court Strikes Down Key Endangered Species Act Opinion
August 29, 2024
Ruling that the National Marine Fisheries Service (NMFS) "underestimated the risk and harms of oil spills to protected species," a federal court vacated key environmental analyses of oil and gas operations in the Gulf of Mexico. The ruling creates uncertainty for the oil and gas industry while NMFS completes a new biological opinion, as ordered by the Court.
This Holland & Knight alert takes a close look at the court decision and the potential impact on oil and gas operations in the Gulf of Mexico.
Source: Holland & Knight
4 Common Universal Waste Mistakes (And How to Avoid Them)
August 23, 2024
Under RCRA, universal wastes like fluorescent bulbs and aerosol cans are subject to less stringent regulations than "fully regulated" hazardous wastes. Still, there are rules that must be followed.
Use Lion's 4 Common Universal Waste Mistakes guide to spot and correct common universal waste errors before they result in a notice of violation during a Federal or State inspection.
Source: Lion
EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species
August 22, 2024
As part of its responsibilities under the Endangered Species Act, EPA recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on threatened and endangered species.
Source: Beveridge & Diamond PC
RCRA Basics: Recordkeeping Essentials—Part 2
August 16, 2024
Complete and accurate recordkeeping is critical to demonstrate compliance during a hazardous waste inspection.
Lion's part two of two RCRA Basics guide lays out key details for records related to RCRA contingency planning, training, incident reports, biennial reporting, and more.
Source: Lion
RCRA Basics: Recordkeeping Essentials—Part 1
August 16, 2024
Complete and accurate recordkeeping is critical to demonstrate compliance during a hazardous waste inspection.
Lion's part one of two RCRA Basics guide lays out key details for records related to RCRA contingency planning, training, incident reports, biennial reporting, and more.
Source: Lion
IRS Releases Long-Awaited Section 45Q LCA Procedures
August 14, 2024
The IRS on July 24, 2024, released Notice 2024-60, which provides Internal Revenue Code Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life cycle analysis report (LCA Report), procedures for submitting the LCA Report and supporting information required to be provided to the IRS and U.S. Department of Energy for review.
Source: Holland & Knight
Final Rule Update: Third RCRA e-Manifest Rule
August 6, 2024
US EPA has published the third RCRA e-Manifest Final Rule to the Federal Register.
The Rule takes effect on January 22, 2025 and will require large and small quantity generators to create online accounts in the RCRAInfo Portal (RCRAInfo.EPA.gov) to access completed manifests.
Source: Lion
The 5 Most Common Shipping Paper Mistakes (And How To Avoid Them)
August 2, 2024
Mistakes on hazmat shipping papers can result in rejected shipments, dangerous incidents in transit, and expensive civil penalties from the US Department of Transportation.
Prevent costly errors and confirm the accuracy of your hazmat shipping papers with this guide!
Source: Lion
Lawn and Order: Major Steps Against Greenwashing in Europe
August 1, 2024
A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced in the EU as part of the European Green Deal, focused on combatting misleading claims regarding products’ environmental friendliness or social consciousness.
Source: The National Law Review
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SOCIAL
Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking
August 30, 2024
Heat is the leading cause of death among all hazardous weather conditions in the United States. Excessive heat in the workplace can cause a number of adverse health effects, including heat stroke and even death, if not treated properly. According to the Bureau of Labor Statistics, 479 workers in the U.S. died from exposure to environmental heat from 2011-2022, an average of 40 fatalities per year in that time period. Additionally, there were 33,890 estimated work-related heat injuries and illnesses that resulted in days away from work from 2011-2020, an average of 3,389 per year in that time period. However, these statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates.
Source: OSHA
Biden-Harris Administration Awards More than $40 Million to Support Firefighters, First Responders, and Improve Pipeline and Hazardous Materials Safety
August 12, 2024
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced today that it is awarding over $41 million in grants to states, territories, tribes, unions, and non-profits to support first responders and help enhance pipeline and hazardous materials safety programs at the community level for 11 different safety programs. This includes a more than 50 percent increase in funding for a grant to firefighters that will aim to double hazmat training for firefighters.
Source: PHMSA
OSHA’s New Aerosol Classification
August 8, 2024
"OSHA’s New Aerosol Classification" details OSHA's update to chemical regulations, aligning with GHS version 7 and introducing a new hazard category for aerosols. Learn about the changes, including the new "Pressurized container; may burst if heated" classification, and the transitional period for updating product labeling and safety data sheets.
Source: ICC
GOVERNANCE
ESG in 2024: A Midyear Review
August 7, 2024
Environmental, social and governance (ESG) matters, and diverging opinions on approach, continued to dominate headlines across the globe in the first half of 2024. Companies and their stakeholders started the year navigating between proponents and detractors of ESG, and while it appears ESG momentum has slowed in recent months, the topic remains an important one for companies in both the European Union and U.S.
Justice Department Announces New Corporate Whistleblower Pilot Program
August 5, 2024
The U.S. Department of Justice (DOJ) released its Corporate Whistleblower Awards Pilot Program last week as part of its "policy sprint." Under the program, DOJ may, in its sole discretion, award significant payments to individuals who report criminal wrongdoing in four key areas of interest to the government.
DOJ structured the program to incentivize employee whistleblowers to report internally first, although it is unclear whether those incentives will suffice.
Source: Holland & Knight
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