US Court of Appeals Approves Social Carbon Price

A unanimous decision from the U.S. Court of Appeals has upheld the government’s right to use a social carbon price to inform policymaking. This “upstream” tax targets the carbon contents of fossil fuels, including coal, oil, and natural gas—as well as biofuels. The court’s decision rejected industry-backed litigation that challenged the Department of Energy’s use of a $36-per-metric ton estimated social cost of carbon under the argument that this figure is not based on “real-world” data. The federal court determined that being “limited or imperfect” is not a reason to dismiss the pricing model. That cost will rise to $50 a metric ton in 2030 and $69 a metric ton in 2050. This was the first time a court has considered the legality of the Obama administration’s accounting of the costs of greenhouse gas emissions. All three judges were Republican appointees. Read more here.

Walmart Shows Promising Results After Adoption of 2014 "Sustainable Chemistry Policy"

After committing to a 2014 policy that oversees the removal of harmful chemicals from consumer products, Walmart announced a 95% reduction by weight in the use of high priority chemicals of concern back in April. The three primary commitments of this policy encompassed:

•  An increased transparency of product ingredients, such as full product formulations and online disclosure;

• Advance safer formulations of products—attempting to achieve complete elimination of Priority Chemicals and High Priority Chemicals; and

• Attaining U.S. EPA’s Safer Choice certification (formerly Design for the Environment) of Walmart private brand products.

The Environmental Defense Fund (EDF) has applauded the progress Walmart has made in regards to their new chemical guidelines, writing how “Walmart’s policy is working because it hits on every one of EDF's five pillars of leadership for safer chemicals in the marketplace.” Some of the suggestions for future improvement include: extending sustainable chemistry philosophy across all products and all stores globally; adopting stronger disclosure standards for products ingredients; and maintaining momentum by continuing to publish progress, which may resonate with the public and provide an incentive for other retailers to follow Walmart’s lead. Read more here.

US Department of Labor Announces New Rules—Increasing OSHA Penalties

US Department of Labor has announced two interim rules to adjust its penalties for inflation based on the last time each penalty was increased. The Bipartisan Inflation Adjustment Act of 2015 requires agencies such as OSHA to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The new civil penalty amounts are applicable only to civil penalties assessed after Aug. 1, 2016, whose associated violations occurred after Nov. 2, 2015. Businesses that are inspected before the effective date, but receive citations once these sanctions are in place will have the newly adopted penalties adjusted to their citation. Some of the rules published under the 2015 law will modernize some penalties that have long lost ground to inflation. OSHA’s maximum penalties, which have not been raised since 1990, will increase by 78 percent. The top penalty for serious violations will rise from $7,000 to $12,471. The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709. Read more here.

Foreseeable Renovation of US Chemical Safety Laws

Congress has reached agreement on the most sweeping overhaul of U.S. chemical safety laws in 40 years. “It could be one of the most historic moments in environmental law in our country,” said Senator Edward J. Markey (D-Mass). The compromise will provide the industry with greater certainty while empowering the Environmental Protection Agency to obtain more information about a chemical before approving its use.  After passage, the EPA must start reviewing at least 10 toxic chemicals that permeate communities across the country, a list that is likely to include asbestos, formaldehyde and flame retardants. Many are interwoven into people’s experience with everyday products, including the ink on their morning newspaper and the fabric protector on their family’s sofa. The deal, which both sides have pursued since President Obama first term in office, gives the Environmental Protection Agency the power to require companies to provide health and safety data for untested chemicals and to prevent substances from reaching the market if they have not been determined to be safe. The measure could come up for a vote in both chambers as soon as next week. Read more here.

Pier 1 Imports Faces $101k In OSHA Fines for Exposing Employees to Workplace Hazards

One of the store locations in Glendale, Wisconsin is facing up to $101,420 in fines for five repeated, two serious and one other-than-serious violation. These include improper use of ladders, exposing employees to fall hazards, lack of railings on the stair and storage areas, blocking electrical panels, and electrical junction boxes without covers. The employees at this store were also put at risk from failure to prevent boxes from blocking aisles and being piled at dangerous heights. Federal workplace safety inspectors have found similar safety hazards at several other U.S. store locations. Christine Zortman, OSHA’s area director in Milwaukee, said “haphazardly stacked boxes can fall and injure workers, or block exit routes in an emergency.” She continues to state how “Pier 1 must take responsibility to ensure the safety of its workers in all of its stores before someone is hurt or worse.” Read more here.