Supreme Court Issues Landmark Ruling, Evens Regulatory Landscape

On June 28, the Supreme Court issued a long-awaited decision on a case that challenged the so-called “Chevron doctrine,” a legal mechanism whereby federal courts would give extra weight to a federal agency’s interpretation of federal laws in cases where industry seeks to overturn burdensome regulations on the basis of agency overreach.   For 40 years, the doctrine has given federal regulators an enormous advantage in the courtroom, which hands legal victories to regulators in 77 percent of cases where the doctrine has been invoked.  From a manufacturing and wood products perspective, overturning Chevron will have the largest impact on EPA rules, on which industry groups wage constant legal battles.  The Federation will keep you posted on consequences resulting from the Supreme Court action as they unfold. 

OSHA Proposes Workplace Heat Standards

The Occupational Safety and Health Administration (OSHA) has released a proposed rule on workplace heat standards.  The agency cites record-breaking temperatures, especially during the summer months, as a rationale for moving forward with new workplace heat regulations. The proposal applies to both outdoor and indoor work settings and imposes four additional requirements on employers when the heat index reaches beyond 90 degrees. They include mandatory 15-minute rest breaks for all employees every two hours, observing employees for symptoms, periodic check-ins with isolated workers and reminders to workers to rest and drink water. It is anticipated that the construction sector will be heavily impacted by this rule. The Federation will keep you posted on updates as they develop. 

USFS Moves “Old Growth” Plan Amendment Process

On June 20, the U.S. Forest Service (USFS) released a draft guidance document that would open existing forest plans to amendment, creating opportunities to remove more acreage from timber harvest.  The Federation will be submitting additional comments, echoing those already submitted and in coordination with our industry allies. On June 28, the USFS conducted a webinar and outlined a series of regional meetings to discuss the plan on July 10.  The meetings will be held in Missoula, MT (Region 1), Laramie, WY (Region 2), Flagstaff, AZ (Region 3), Idaho City, ID (Region 4), Dunlap, CA (Region 5), Trout Lake, WA (Region 6), Bentley, LA (Region 8), Vienna, IL (Region 9), and Juneau, AK (Region 10). If you’re interested in attending a meeting near you, please register here.

Supreme Court Issues Limited Suspension of Clean Air Act “Downwind” Regulations

In another major environmental case, on June 27, the Supreme Court suspended so called “good neighbor” air quality rules for 23 states as industry moves forward with a challenge to regulations limiting ground level ozone, or smog regulations.  Under the Clean Air Act good neighbor policy, upwind states must take measures that limit the transport of air pollution to a neighboring state, upending the neighboring state’s ability to comply with EPA standards.  In issuing the stay of the rule in this particular case, the majority argued that not suspending the air transport requirements pending the outcome of litigation could cost industry, including power plants, “hundreds of millions, if not billions of dollars.”