CRIMINAL PROSECUTION »
Falsified reporting results in prison sentence
The owner of an environmental testing laboratory has been sentenced to nine months in prison for conspiracy related to reporting of false water test results. Michael J. McKenna and his company, Blue Marsh Laboratories, pleaded guilty on the eve of trial to conspiring to defraud customers by making false representations on test results, Clean Water Act violations, and false statements…
NEWS BRIEF »
Memo offers glimpse of EPA priorities
For anyone who thinks environmental regulation and enforcement is slowing, you need to see the Environmental Protection Agency’s July 2012 memorandum, titled “EPA’s Fiscal Year 2012 Management Challenges,” in which the agency’s Office of Inspector General recommends that the EPA get tougher on agencies that regulate pollution.
WAGE LITIGATION »
Trolling for employees to sue their employers
By now you have probably heard about the lawsuit filed in Miami federal court by two employees against Darden Restaurants, which operates Olive Garden, Red Lobster, Longhorn Steakhouse and Capital Grille restaurants around the country. Darden has faced attacks from some members of its workforce in the past, but this new lawsuit offers a glimpse of claims and tactics employers are facing with more frequency…
COAL-FIRED POWER PLANTS »
EPA rules could raise electricity costs
Environmental Protection Agency regulations covering coal-fired power plants “would likely increase electricity prices in some regions” such as the South and Midwest, where older plants are more likely to be retired than retrofitted, according to an August 16, 2012, Government Accountability Office report.
ETHANOL »
Waivers for E15 Gasoline allowed
A federal court determined that food producers and other groups did not have standing to challenge the Environmental Protection Agency’s decision to increase the allowable ethanol content in gasoline. (Grocery Manufacturers Association v. EPA, D.C. Cir., No. 11-1072, 8/17/12). The court said that none of the groups that challenged EPA’s decision to grant two partial [...]
TEXAS FLEXIBLE PERMIT RULE »
Fifth Circuit sides with state over EPA rule
The U.S. Circuit Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s final rule in 2010 disapproving the Texas flexible permit program. In doing so, the court said the EPA action “transgresses the [Clean Air Act]’s delineated boundaries” of the cooperative relationship between the state and federal government and did not meet the standards for review under the federal Administrative Procedure Act.
WAGE & HOUR »
Donning, doffing dispute will cost employer as much as $7.25 million
Donning and doffing disputes are Wage & Hour charges or lawsuits where employees assert they should be paid for “off-the-clock” time spent putting on or taking off work clothing onsite. Think we’re talking just a few dollars, here and there? Think again.
SUPPLY/DEMAND »
Impact of drought on ethanol production
The ethanol industry says that it can meet the renewable fuel standard requirements for 2012, claiming that despite the drought it can supply required amounts of ethanol. Pressure on food prices are a concern, but ethanol producers have apparently created 2.5 billion renewable fuel credits (renewable identification numbers) that refiners may purchase to meet the [...]
CRIMINAL PROSECUTION »
Federal indictments in deaths of workers transporting hazardous materials
A federal grand jury in Texas indicted an environmental services company and its former president on conspiracy charges for illegally transporting hazardous materials that resulted in the deaths of two employees.
Q&A WITH NATHAN WHATLEY »
Distracted driving on the clock
Employers whose workers use cellphones and other mobile devices while driving should take note that such behavior is more than a so-called “distraction.” It’s also cause for serious liability, as a number of companies have learned after being hit with multi-million-dollar judgments…
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