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NLRB Notice Posting Rule Delayed

Client Alert | 1 min read | 04.18.12

National Labor Relations Board Chairman Mark Pearce announced yesterday that the Board will not proceed with the April 30 deadline for implementing the Board's new rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act. Chairman Pearce cited "conflicting decisions at the district court level," referring to opinions written in cases brought in South Carolina and the District of Columbia challenging the Board's statutory authority to promulgate the rule. The Board also announced its decision to appeal the South Carolina decision to the Fourth Circuit. Chairman Pearce stated: "We continue to believe that requiring employers to post this notice is well within the Board's authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law." The D.C. Circuit has ordered expedited briefing in its case. A decision from that court is likely by year-end.


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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....