By Adam R. Young, Mark A. Lies, II, Daniel R. Birnbaum and Craig B. Simonsen
Seyfarth Synopsis: By ignoring the terms of a settlement agreement it had with the Occupational Safety and Health Administration (“OSHA”), a New Jersey roofing contractor now faces more than $600,000 in penalties after numerous citations for allegedly failing to abate 2020 OSHA
Continue Reading Cardinal Sin – Construction Contractor’s Alleged Failure to Abate OSHA Citations Results in Big Penalties
By Andrew H. Perellis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could significantly limit, if not ban, the use of SEPs.
Attorney General Jeff Sessions issued
Continue Reading DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
The U.S. Environmental Protection Agency recently updated its Supplemental Environmental Project (SEP) Policy.
Most federal actions for failure to comply with the environmental laws are resolved through settlement agreements. As part of a settlement, an alleged violator may voluntarily undertake a supplemental environmental project (SEP), which
Continue Reading SEP Right for You? EPA Updates its Supplemental Environmental Projects Policy
By James L. Curtis and Meagan Newman
OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011. The manual now reflects procedures for investigating MAP-21 whistleblower claims (protecting workers who report defects in automobiles), as well as substantive changes to Chapter 6 which covers settlement agreements and remedies.
One
Continue Reading OSHA Publishes New Whistleblower Investigations Manual
By Andrew H. Perellis and Patrick D. Joyce
The Ninth Circuit Court of Appeals recently held that a district court must provide deeper scrutiny to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq. (1980), consent decrees.
The August 1, 2014 decision in State of Arizona v. Ashton Company Inc. Contractors and Engineers, et al.,
Continue Reading Ninth Circuit Puts the Brakes on CERCLA Settlement Process