Category Archives: Emergency Preparedness

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UK Environment Agency Continues to Issue Coronavirus Disease 2019 Enforcement Suspensions

In addition to the recent temporary enforcement suspensions (see April 16 Alert and April 21 Alert) in response to the ongoing disruption caused by the Coronavirus Disease 2019 (COVID-19) pandemic, the UK’s Environment Agency (EA) has published further temporary regulatory position statements (RPS). Like the EA’s general pre-COVID-19 RPS, the new COVID-19-specific RPS are declarations by the EA (the primary … Continue Reading

EPA Commences Public Comment on Recycled-Content Product List – It May be More Relevant Than You Think

During the COVID-19 pandemic, as large and small businesses alike struggle to stay afloat while acting responsibly to protect public health, sustainability may not be top-of-mind. But the development and sale of sustainable products may provide struggling businesses with new sources of revenue and competitive advantage in the days ahead. The federal government promotes recycling … Continue Reading

UK Environment Agency Four Further Coronavirus Disease 2019 Enforcement Suspensions

In addition to the three new temporary regulatory position statements (RPS) discussed in a previous GT Alert, in response to the ongoing disruption caused by the Coronavirus Disease 2019 (COVID-19) pandemic the UK’s Environment Agency (EA) has published four new temporary regulatory position statements (RPS). Like the EA’s other RPS, the four new COVID-19 specific … Continue Reading

Greenberg Traurig Launches Legal Environmental Insights Podcast

In recognition of today’s 50th anniversary of Earth Day, we are pleased to announce the launch of our Legal Environmental Insights Podcast, offering comprehensive summaries and concrete takeaways on the latest developments and trends in environmental law. The podcast is available on the Greenberg Traurig website, as well as on Apple Podcasts, Stitcher, and Spotify. … Continue Reading

Implementation of the Dutch Environment and Planning Act (Omgevingswet) Postponed Due to Pandemic

On 1 April 2020 the Dutch minister for Environment and Housing (Minister voor Milieu en Wonen) announced that implementation of the Environment and Planning Act is postponed. Implementation of the new legislation was planned for 1 January 2021, but according to the minister, postponement is inevitable due to the ongoing outbreak of Coronavirus Disease 2019 … Continue Reading

UK Environment Agency – Coronavirus Disease 2019 Enforcement Suspensions

In response to the disruption caused by the Coronavirus Disease 2019 (COVID-19) pandemic, the UK’s Environment Agency (EA) has published three new temporary regulatory position statements (RPS). Like the EA’s other RPS, the three new COVID-19 specific RPS are declarations by the EA (the primary environmental regulator and enforcement authority for England and Wales) that … Continue Reading

For Developers and Owners: How COVID-19 Is Affecting Construction Projects and Actions You Should Consider

COVID-19’s impact on construction projects is mixed and varies by state. Many states consider construction an “essential” service, following guidance from the federal Department of Homeland Security, which issued a non-binding list of 16 “critical infrastructure sectors.” Other states and some local municipalities take a narrower view, requiring virtually all construction to cease. In all … Continue Reading

Environmental Enforcement Discretion During the COVID-19 Pandemic

The Coronavirus Disease 2019 (COVID-19) outbreak has affected every sector of our national and global economy, with profound impacts on business operations that stretch resources thin and create challenges to comply with state and federal environmental regulations. For example, stay-at-home orders or illness may keep employees or contractors away from work, making it difficult to … Continue Reading

New York Environmental Regulator Issues Guidance on Essential Construction in Support of Cleanup Activities

The New York State Department of Environmental Conservation (DEC) recently released guidance on what constitutes “essential” construction in support of remedial activities pursuant to Executive Order (EO) 202.6 signed by Gov. Cuomo on March 18. EO 202.6 was tightened to limit non-essential construction activities in EO 202.13, issued March 29. Empire State Development (ESD) has … Continue Reading

Before Making Pandemic Response Products, Consider Environmental Regulations

Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time when the Coronavirus Disease 2019 (COVID-19) has upended ‘business as usual’ throughout the country and the world. Consumers empty shelves of hand sanitizer, health care workers … Continue Reading

U.S. Environmental Protection Agency Issues Enforcement Discretion Policy to Address Civil Noncompliance during the COVID-19 Pandemic

The U.S. Environmental Protection Agency (EPA) issued a memorandum (Susan Parker Bodine, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” U.S. EPA, March 26, 2020) (Discretion Memo) granting enforcement discretion for virtually all civil violations of federal environmental laws during the COVID-19 pandemic. Timing The policy will apply retroactively from March 13, 2020, the … Continue Reading

Coronavirus Disease 2019 and the Occupational Safety and Health Act: OSHA Update No. 2 – Essential Workers

Michael G. Murphy P.E. authored this update to a Jan. 31, 2020 Alert, which provided general information on the Occupational Safety and Health Administration (OSHA) requirements and steps for employers to consider as the Coronavirus Disease 2019 (COVID-19) was just starting to appear in the United States, and before work shut down and shelter orders … Continue Reading

Meeting Environmental Compliance and Cleanup Requirements During the Pandemic

In addition to causing infection and illness, the COVID-19 pandemic is creating challenges for organizations contending with employee quarantines and isolation, supply chain and logistics disruptions, and other operational changes. While environmental compliance may not be top-of-mind right now for most Americans, it still is a critical consideration for organizations with environmental compliance or cleanup … Continue Reading

Weathering the Storm: Mitigation of Environmental Risks Caused by Extreme Weather

Imagine that you are environmental, health, and safety (“EHS”) counsel or general counsel for a company dealing with a natural disaster. The company’s facilities are only partially functional, employees have lost their homes, and business unit functionality has been severely disrupted. You find yourself managing the myriad demands of the federal, state, and local environmental … Continue Reading
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