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Federal appellate judges, in a split decision on an EPA policy memo, are outlining competing tests for how judges should assess whether OSHA and other agency guidance is a “final action” subject to court review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.”

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Fearing a patchwork of strict state rules, a variety of consumer product manufacturers is urging EPA to expand its planned or ongoing risk evaluations under the Toxic Substances Control Act (TSCA) in an effort to preempt states from regulating -- or banning -- certain chemicals’ uses.

A pending challenge to a Department of Health and Human Services’ (HHS) liver transplant policy in the U.S. Court of Appeals for the 11th Circuit may be the first appellate case to test the reach of judicial deference courts grant OSHA and other agencies to interpret their regulatory authority under the high court’s recent ruling on the issue.

OSHA is publishing its request for information (RFI) seeking data on whether it should ease the Obama administration’s rule requiring protective equipment for construction workers exposed to crystalline silica, a measure that also opens the door to extending any deregulatory measures to standards covering maritime and general industry.

Federal appeals court judges appeared doubtful at recent oral arguments of citizen groups’ suit aiming to revive Obama-era rules from OSHA and other agencies the GOP scrapped using the Congressional Review Act (CRA) in the early days of the Trump administration, questioning claims that the CRA is unconstitutional and the repeals were unlawful.

Supreme Court observers expect lower courts to grant OSHA and other agencies narrower, agency-specific deference to interpret ambiguous regulatory language in the wake of the high court’s recent Kisor v, Wilkie ruling that generally preserved so-called Auer deference but reinforced limits on its use.

The White House Office of Management and Budget (OMB) has quickly competed its review of OSHA’s draft request for information (RFI) that could help open the door to easing implementation of the Obama administration’s rule requiring protective equipment for construction workers exposed to crystalline silica.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) is dropping its appeal of a federal district court’s order for the board to issue by February a final rule requiring accidental release reporting from chemical facilities, reaffirming the board’s plan released this spring to comply with the order’s timeline.

Cal/OSHA is continuing to advance its proposal to set a much more stringent airborne lead exposure limit for construction and other workers, following a compromise among state lawmakers to set a Sept. 30, 2020, deadline for the agency’s standards board to adopt the new risk level.

AUSTIN, TX -- A top EPA waste official is vowing that the agency will soon send for White House pre-publication review its final rule to undo Obama-era changes that tightened facility safety risk management plan (RMP) requirements, a surprise move refuting environmentalists’ suggestions that the rollback was “dead in the water."

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