By Frederick T. Smith, Jennifer L. Mora, and Christopher W. Kelleher
Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel.
The Department of Transportation (DOT) has published its long-awaited final rule amending its drug testing program for DOT-regulated
Continue Reading DOT Amends Employee Drug Testing Requirements
By Andrew H. Perellis and Craig B. Simonsen
Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder recommendations on the revision of the Waters of the United States (WOTUS) rule.
We had previously
Continue Reading EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule
By Andrew H. Perellis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to re-evaluate and revise the definition of WOTUS presumably intended to decrease
Continue Reading EPA and Army Corps of Engineers Propose to Rescind Obama Era Rule Redefining “Waters of the United States”
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances.
The U.S. Environmental Protection Agency published its controversial final report on “Hydraulic Fracturing for Oil and Gas: Impacts from
Continue Reading EPA Releases Final Report on Impacts on Drinking Water from Hydraulic Fracturing
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply!
Despite a Congressional “request” that agencies not move forward on new regulations during the transition to the Trump administration,
Continue Reading Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces
By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).
The ANPR is directed at individuals occupying “safety sensitive positions”
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation
By Patrick D. Joyce and Craig B. Simonsen
The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).
The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil
Continue Reading EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
OSHA has scheduled a meeting for “stakeholders” on its consideration of standards for emergency response and preparedness. 79 Fed. Reg. 32199 (June 4, 2014).
OSHA notes that emergency response is one of the most hazardous occupations in the U.S. To support a need for proposed rules OSHA references the
Continue Reading OSHA Considering Proposed Standards for Emergency Responders
This week Earthjustice, the Sierra Club, the Natural Resources Defense Council and 61 others filed a petition with the U.S. Environmental Protection Agency urging the Agency to list oil and gas wells using hydraulic fracturing (fracking) near urban areas as “area sources” under the Clean Air Act.
The petition comes days after EPA Administrator Gina McCarthy
Continue Reading Environmental Groups Urge EPA to Limit Air Pollution from Fracking Activities Near Urban Areas
By Kevin A. Fritz, Philip L. Comella, and Craig B. Simonsen
EPA Administrator Gina McCarthy just signed an Advanced Notice of Proposed Rulemaking (ANPR) seeking public comment to ensure that reported information about fracking chemicals and mixtures are presented to the public in a transparent fashion.
The EPA, generally, does acknowledge that fracking plays a “key role in our
Continue Reading EPA Publishes Advanced Notice of Proposed Rulemaking to “Enhance Transparency” for Chemicals and Mixtures Used in Fracking