Many business operations affected heavily by environmental regulations are considered “essential” and are up and running to ensure our country has the products and services it needs to respond to the COVID-19 emergency. We are hearing that these businesses are straining under the pressure to maintain social distancing requirements, quarantine individuals exposed to the virus, sustain operations with reduced personnel, protect their personnel, and preserve their supply chain resources. Although all companies understand the need to protect human health and the environment, it may be impossible to meet every deadline, take every reading, and make every inspection during this emergency.
Recognizing this reality, many Federal and state agencies are issuing enforcement relief and response policies providing guidance on how to respond if environmental or other regulatory requirements can’t be met. Husch Blackwell has gathered Federal and state COVID-19 enforcement relief and response policies for environmental and motor carrier safety regulations. A complete list of these policies is posted as a resource on our website.Continue Reading COVID-19 Enforcement Relief and Response Policies
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed further amendments to clarify the new Prop 65 regulations that went into effect August 30, 2018, which focused on how to provide “clear and reasonable” warnings under Prop 65. Under the new regulations, manufacturers, producers, packagers, importers, suppliers, and distributors have primary responsibility for complying with Prop 65 requirements; and retail sellers have responsibility for placement and maintenance of consumer product exposure warnings only in limited situations. OEHHA’s latest proposed amendments clarify parties’ responsibilities along the often complex supply chain:
The Clean Water Act (CWA or the Act) expressly forbids the discharge of pollutants without a permit. The term “discharge of pollutants” means the “addition of any pollutant to navigable waters from any point source.” Any discharge of pollutants must be covered under a federal or state discharge permit (e.g., a U.S. Army Corps of Engineers permit for the discharge of dredged and fill material or a National Pollution Discharge Elimination System (NPDES) permit for the discharge of other pollutants); otherwise the discharge would be in violation of the CWA. If it does not constitute a discharge of pollutants, then the release does not violate the CWA.
