President Biden issued an executive order directing OSHA to consider whether enforceable standards are necessary for addressing COVID-19 in the workplace and, if deemed necessary, issue such standards by March 15, 2021. In advance of the expected “emergency standards,” OSHA has released updated guidance which is expected to be incorporated into the new standards.  You can review the detailed guidance on OSHA’s website at https://www.osha.gov/coronavirus/safework Issues addressed by the updated guidance, and expected to be part of any new enforceable standards, include:  (1) providing employees [...]

Law Week Colorado's Peoples Choice for Environmental Lawyer: Michelle DeVoe In her broad experience in environmental law, Michell DeVoe has worked in Georgia as general counsel for the Upper Chattahoochee Riverkeeper for four years. In Denver, DeVoe has built a practice anchored on assisting the regulated community under the gamut of federal environmental laws. In all instances, she’s shown to be a standout attorney in environmental law.

As this National Law Review (NLR) article details, the U.S. Department of Justice (DOJ) recently issued a memo reiterating that the federal government strongly disfavors separate federal agency action seeking penalties under the Clean Water Act (CWA) when a state has already initiated its own enforcement action against a regulated entity.  According to the NLR article, the DOJ memo is apparently one in a series of policy pronouncements from the Trump Administration emphasizing cooperative federalism in the context of environmental laws.  While the practice of [...]