By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen

Blog - Fracking WaterSeyfarth 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

Warehouseman after accident at heightSeyfarth 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

iStock_000021314720_MediumThe 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

Blog - Fracking WaterThe 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

By Patrick D. Joyce

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

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

EPA Administrator, Gina McCarthy, and the Assistant Secretary of the Army (Civil Works), Jo Ellen Darcy, just signed a proposed rule to “clarify” protections under the Clean Water Act for “streams and wetlands that form the foundation of the nation’s water resources.”

We had previously
Continue Reading Proposed Rule on Definition of “Waters of the United States” Under the Clean Water Act

By Jeryl L. Olson and Craig B. Simonsen

The Illinois Pollution Control Board just rejected Illinois Environmental Protection Agency’s (IEPA) proposed “emergency” rules that would have imposed additional Statewide requirements on the handling of coke and coal, including petroleum coke or “petcoke,” at bulk terminals and other specified facilities. Opinion and Order, January 23, 2014.

The IEPA had filed
Continue Reading Illinois Pollution Control Board Rejects Emergency Rules for Coke/Coal Bulk Terminals

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers would, under a draft of a proposed rule recently obtained by Bloomberg BNA, assert Clean Water Act jurisdiction over all natural and artificial tributary streams, lakes, ponds, and wetlands that affect the chemical, physical, and
Continue Reading Draft Proposed Rule for New Definition of “Waters of the United States”