By James L. Curtis, Mark A. Lies, II, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have jointly released coronavirus-related interim guidance for meatpacking and meat processing workers
Continue Reading CDC and OSHA Issue Meat and Poultry Processing Industry COVID-19 Interim Guidance
By Mark L. Johnson, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: After a Sangamon County Circuit Court temporarily blocked the Illinois Workers’ Compensation Commission’s (IWCC) emergency rule that created a rebuttable presumption that injured employees contracted COVID-19 at work, the IWCC repealed the emergency rules.
Infectious diseases transmitted in the
Continue Reading Illinois Worker’s Compensation Emergency Rules Establishing Rebuttable Presumption for COVID-19 Have Been Withdrawn
By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce
Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then migrates some distance – short or long – before discharging into a “navigable water” that is subject
Continue Reading Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit
By James L. Curtis, Brent I. Clark, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued an alert listing safety tips (guidance) employers can follow to help protect construction workers from exposure to the coronavirus.
Measures that can help protect employees working
Continue Reading OSHA Issues COVID-19 Guidance for the Construction Workforce
By Andrew H. Perellis, Rebecca A. Davis, and Craig B. Simonsen
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of ‘waters of the United States’ (WOTUS)” under the Clean Water Act. 85 Fed. Reg.
Continue Reading Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”
By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce
Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court
Continue Reading SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing
By Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Ilana R. Morady, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply
Continue Reading OSHA Issues Temporary Guidance on Using Enforcement Discretion During the Coronavirus Pandemic
By Benjamin D. Briggs, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has issued a COVID-19 guidance for package delivery employers. OSHA offers recommendations to help reduce employees’ risk of exposure to the coronavirus, including administrative controls, hygiene measures, face coverings, and social distancing.
OSHA had previously released a Guidance
Continue Reading OSHA Issues COVID-19 Guidance for Package Delivery Employers
By Benjamin D. Briggs, Lynn Kappelman, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has issued COVID-19 guidance for retail employers, including tips that can help reduce employees’ risk of exposure to the coronavirus. OSHA’s recommendations feature administrative controls, hygiene measures, face coverings, and social distancing.
Previously, OSHA released
Continue Reading OSHA Issues COVID-19 Guidance for Retail Employers
By Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Daniel R. Birnbaum, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and
Continue Reading OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections