It’s an all too familiar scenario. You learn that your drinking water supply has been contaminated by a defunct manufacturing operation on adjacent property.
In response, you file a lawsuit involving RCRA’s citizen suit provisions to allege that the former owner or operator violated RCRA’s substantive requirements by disposing of hazardous waste without a permit. 42…
Continue Reading When Can a Former Owner or Operator be Sued for Past Substantive RCRA Violations?
By Mark A. Lies, II and Meagan Newman
The 10th Circuit Court of Appeals recently issued a decision that effectively and measurably lowers OSHA’s burden of proof to establish an OSHA violation to “what a reasonably prudent employer would do.” Compass Environmental, Inc. v. Occupational Safety and Health Commission; Department of Labor, No. 10-9541 (Dec. 19, 2011). The decision…
Continue Reading Court Lowers Burden of Proof for OSHA
By James Curtis
OSHA Hitting Employers With Significant “Repeat” Penalties
On July 13, 2011, OSHA issued $104,000 in serious and repeat citations to a national retail chain for workplace hazards relating to ladder use, storage shelving, emergency exit routes and electrical panels, many routine safety issues encountered in the hospitality industry. Significantly, $99,000 of the penalties were for violations classified…
