Legal News Archive: 2017

  • 11.20.2017

    EPA Seeks Greater Autonomy for State Environmental Programs

    EPA has released its strategic plan for fiscal years 2018 to 2022 describing its top goals and priorities.  One goal is to provide states with greater autonomy in implementing federal environmental laws.  Most states are authorized to implement federal...
  • 11.20.2017

    Deputy Assistant Administrator for EPA’s Office of Water Provides Environmental Policy Insights

    Lee Forsgren was appointed Deputy Assistant Administrator for EPA’s Office of Water in July 2017.  We recently had the opportunity to hear him speak to a trade group where he discussed EPA’s priorities under the Trump Administration as well as specifics about...
  • 11.20.2017

    Prompt Reporting is Key to the Upset Defense

    Companies discharging industrial process wastewater often face challenging circumstances at their wastewater treatment facilities.  Unexpected equipment malfunctions or system failures can lead to discharges that exceed permitted limits.  If such an event...
  • 11.20.2017

    Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially...

    EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”).  In the August 2017 issue of Environmental Notes, we reported that the United States Court of Appeals...
  • 11.20.2017

    OSHA Seeks to Pluck Poultry Processors

    Late in 2016, OSHA’s Region 4 implemented a Regional Emphasis Program consisting of outreach and enforcement activities designed to reduce injuries, illnesses and fatalities at poultry processing facilities.  OSHA’s directive indicates that inspections will...
  • 11.20.2017

    Sue and Settle is Gone: EPA Administrator Revises EPA Litigation Policy

    A prominent characteristic of the Obama EPA was its close relationship with national environmental groups.  The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups sued EPA over discretionary...
  • 11.17.2017

    Plan Administrators’ 2017 Year-End Checklist

    Plan administrators should review the following actions to be taken before the end of 2017 and focus on what to expect for 2018. The attached checklist addresses plan amendments, notices and other considerations for qualified plans, welfare plans and stock-...
  • 11.09.2017

    December 31 Deadline Approaching for Contractors Who Handle Export-Controlled Technical Information

    Under DFARS Clause 252.204-7012, certain government contractors that store, process or transmit technical information that is controlled under the International Traffic In Arms Regulations (“ITAR”) or the Export Administration Regulations (“EAR”) are required...
  • 11.08.2017

    Senior Housing Transactions in 2017

    Through the first three quarters of 2017, the market has continued to see steady deal flow in senior housing, with some sluggishness over the summer months.