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“Oops, [it] did it again.” Analogous to Ms. Spears’s lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting rule. Beginning January 1, 2024 , for employers in specific high-hazard...

​On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit occurred several states away and the corporation is not "at home" in the state...

Contractors could start seeing six-figure fines from the Occupational Safety and Health Administration (OSHA) in the next few months thanks to sweeping policy changes implemented earlier this year. In a press release and two internal memoranda issued January 26, 2023, the Department of Labor (DOL)...

Appellate Practice: Celebrating 40 years at the Minnesota Court of Appeals Katie Barrett Wiik and co-panelist Jon Schmidt will discuss the rich history at the Minnesota Court of Appeals with the current Chief Judge and several former Chief Judges. - Jon Schmidt; Assistant Hennepin County Attorney –...

Introduction The Supreme Court of the United States recently clarified the scope of appellate review over "purely legal" issues in cases where no post-trial motions were filed prior to an appeal. In Dupree v. Younger , No. 22-210, the Court unanimously reversed a decision of the United States Court...

The deal reached between the President and House Speaker McCarthy on the debt limit bill includes provisions approving a natural gas pipeline project (Mountain Valley Pipeline) and eliminating any judicial review of its existing and future permits, and also includes some limited reform of the...

The Sacketts made history again [1] in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell Sackett battled against a United States Environmental Protection Agency (EPA...

On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people...

What Do We Do Now?! How To Handle an OSHA Inspection An inspection from the Occupational Safety and Health Administration (OSHA) can affect a construction site in many ways—from workflow disruptions to compliance issues. In this seminar, Michael Metz-Topodas reviews the regulatory requirements...

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement [1] in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of environmental groups alleging the EPA is not doing enough to ensure...

Brownfields Redevelopment: A CREW NJ Lunch and Learn Melissa Clarke joins CREW NJ and commercial real estate professionals to discuss the tools and resources necessary to redevelop brownfield sites -- properties that are abandoned or underutilized because of either real or perceived contamination.

New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New Jersey’s landmark Environmental Justice Law . In a tandem action, the White...

"A Change Is Gonna Come" What OSHA's Policy Revisions May Mean for the Construction Industry Michael Metz-Topodas, a Partner in the firm's Construction Practice, will be speaking on a panel during the American Subcontractors Association of Central Pennsylvania Half-Day Construction Symposium...

Minnesota Appellate Developments – 2022-2023 Midterm Update Katie Barrett Wiik, along with civil and criminal law attorneys from both sides of the caption, will discuss some of the important decisions from the 2022-2023 Term from the Minnesota Supreme Court and the Minnesota Court of Appeals, and...

On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“ CFSA ”). The...
On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their policies. See NEPA Guidance on Consideration of Greenhouse Gas Emissions...

Last year, safety compliance in the cannabis industry took on a new dimension when the United States Occupational Safety and Health Administration (OSHA) cited production company Life Essence Inc, d/b/a Trulieve (Trulieve) for an employee’s fatal asthma attack following workplace exposure to ground...

The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green Guides. The issues raised in the Green Guides potentially impact any company that...

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