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Adobe PDFThe Downfall of the Paralyzed Veterans Doctrine Grants Federal Agencies a "Dangerous Permission Slip for the Arrogation of Power" and Exposes the Regulated Community to Potentially Fatal Doses of Regulation Run Amok
Lawrence P. Halprin; Keller and Heckman LLP;
Legal Alert/Article
March 30, 2016, previously published on March 8, 2016
The Downfall of the Paralyzed Veterans Doctrine Grants Federal Agencies a “Dangerous Permission Slip for the Arrogation of Power” and  Exposes the Regulated Community to  Potentially Fatal Doses of Regulation Run Amok (a/k/a The Triple Whammy of Perez, Auer and Whitman) In the Spring of...

 

HTMLWhat's Next for Incentive Programs under OSHA's Draft Safety and Health Program Management Guidelines?
Lawrence P. Halprin, Cressinda D. Schlag; Keller and Heckman LLP;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
On Thursday, March 10, 2016, OSHA held a public meeting to discuss its draft Safety and Health Program Management Guidelines (Guidelines). Most of the meeting was devoted to a discussion of the written comments received in the 90-day comment period, with a focus on areas that raised stakeholder...

 

Adobe PDFA Practical Understanding of the Polymer Exemption
Thomas C. Berger, Rhys G. Daniels, Matthew B. Harney, Adrienne M. Timmel; Keller and Heckman LLP;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
The polymer exemption at 40 C.F.R. § 723.250 exempts qualifying polymers from the premanufacture notification requirements of section 5 of the Toxic Substances Control Act (TSCA), (40 C.F.R. § 720). To implement the exemption persons need only internally and in writing certify compliance...

 

HTMLNew Hazard Alert on Tank Gauging and Sampling for the Oil and Gas Industry
Herbert Estreicher, Lawrence P. Halprin, Martha E. Marrapese, Manesh K. Rath, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
March 23, 2016, previously published on February 24, 2016
On February 12, 2016, the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) jointly published a hazard alert for the Oil and Gas Industry on tank gauging and sampling. The alert identifies common hazards posed by manual tank...

 

HTMLComparison of House and Senate Proposals on Preemption
Keller Heckman LLP;
Legal Alert/Article
March 16, 2016, previously published on March 9, 2016
In the House-passed legislation, the preemption triggering event is when EPA issues § 6 rule or determines that substance does not present an unreasonable risk. Preemption is absolute at that point, in that it applies to new or existing state requirements except that:

 

HTMLBeware the Ides of March: Consumer Products and the Challenges of Professional Consumers in China
Yun Chen, David J. Ettinger, Wilfred Feng, Eric Gu, Mark Thompson; Keller and Heckman LLP;
Legal Alert/Article
March 16, 2016, previously published on March 2, 2016
The Chinese consumer products market has witnessed tremendous growth in recent years, and global companies continue to clamor for access to its 1.3 billion prospective customers. However, the Chinese consumer product market is not without its perils, and sophisticated companies know to be...

 

HTMLPotential Damages in Whistleblower Cases
Lawrence P. Halprin, Manesh K. Rath, David G. Sarvadi, Cressinda D. Schlag; Keller and Heckman LLP;
Legal Alert/Article
March 14, 2016, previously published on Match 1, 2016
Last week, the Occupational Safety and Health Administration (OSHA) ordered an Alaskan aviation company to pay an employee over $400,000 in back pay and an additional $100,000 in damages for pain, suffering, and mental distress. OSHA also ordered the company to reinstate the employee. In that case,...

 

HTMLEuropean Commission Releases Draft Text of Adequacy Decision on EU-U.S. Privacy Shield
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
March 14, 2016, previously published on March 1, 2016
On February 29, 2016, the European Commission’s (EC) released a much anticipated draft adequacy decision on the EU-U.S. Privacy Shield. With this and enactment of the Judicial Redress Act last week, the European Union came yet another step closer to finalizing the agreement between the EU and...

 

Adobe PDFChina Food Law: Year in Review 2015 Part II
Keller Heckman LLP;
Legal Alert/Article
February 16, 2016, previously published on February 5, 2016
This is the second of the two-part series of Keller and Heckman Shanghai's China Regulatory Matters e-news alert on China food law developments from 2015. Part I covered regulatory mechanisms, production and operation, labeling, and recall, while Part II will cover the following additional topics:...

 

HTMLCalifornia Finalizes New "Lead Agency Website" Rulemaking under Proposition 65
Leslie T. Krasny, Natalie E. Rainer, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
February 12, 2016, previously published on February 4, 2016
California’s Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, has finalized a rule that will establish a “Lead Agency Website” to provide additional information to consumers on exposure to listed chemicals.

 


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