EHS Strategies

BNA’s EHS Strategies series is a periodic compilation of analyses to highlight a variety of environment, health, and safety issues that are important in today’s global marketplace. The reports are designed to provide readers with background material, practical analysis, and case studies on critical EHS topics.

The following reports currently are available in print for $50 each:

• The Business Impacts of Climate Change
  (May 2008; 60 pages). Three perspectives are presented on some of the many issues companies must address as they respond to climate change, with particular focus on disclosures to the Securities and Exchange Commission, property values, and real estate markets.

• Environmental Enforcement: 2007 Review, 2008 Outlook
  (April 2008; 36 pages). An overview of environmental enforcement activities in 2007 and expectations for 2008, including policy and legislative matters; summaries of almost 60 criminal cases brought around the country; and an interview with Stacey Mitchell, chief of the Department of Justice's Environmental Crimes Section.

• The Clean Water Act Turns 35: Are There Rapids Ahead?
  (December 2007; 40 pages). A discussion of the legal uncertainties surrounding Clean Water Act requirements and an analysis of legislation before Congress to protect all U.S. waters, not just those used for navigation.

• U.S. Climate Change Policy: A Status Report
  (September 2007; 84 pages). A discussion of state and regional initiatives to regulate greenhouse gas emissions, congressional debate on developing federal climate change policies, and the Supreme Court's decision in Massachusetts v. EPA.

• REACH Implementation and Compliance
  (July 2007; 48 pages). An examination of the requirements of the European Union's landmark legislation to create a single integrated system for the registration, evaluation, and authorization of chemicals; its legal implications; and related developments leading up to its implementation June 1, 2007.

• Addressing Vapor Intrusion Pathways: Regulatory Policies and Considerations
  (May 2007; 40 pages). An analysis of the appropriate federal authority that should address and regulate workplace exposures to vapor intrusion and an examination of two recent New York state guidance documents on how to respond to sites where vapor intrusion might be an issue.

• The Present State of Post-Aviall Affairs
  (March 2007; 72 pages). An overview of court cases since the landmark December 2004 Supreme Court decision in Cooper v. Aviall and an analysis of options available to parties seeking to maximize their cost recovery opportunities or defend against such claims.

• The Effect of OSHRC's Summit Decision on OSHA's Multiemployer Worksite Policy
  (January 2007). An analysis of the Occupational Safety and Health Review Commission's April 2007 decision that called into question the validity of the Occupational Safety and Health Administration's multiemployer citation policy and an overview of the issues that must be addressed in the wake of the decision.

• Moving Beyond 'Polluter Pays' to Restore Superfund Mega-Sites
  (December 2006; 36 pages). A discussion of the problems associated with the cleanup of complex superfund sites and innovative solutions that are being developed to encourage property cleanup and restoration.

• New Source Review: Still Under Review
  (September 2006; 48 pages). An examination of EPA’s new source review policy, its history, compliance requirements, proposed changes, and expectations.

• The Ebb and Flow of Wetlands Regulations
  (July 2006; 80 pages). An in-depth examination of the U.S. Supreme Court’s June 19, 2006, decision in Rapanos v. United States affecting the development and use of wetlands.

• Workplace Safety and Transmittable Diseases:
  The Avian Flu Factor
  (June 2006; 68 pages). A look at the potential of illness and disease—in particular avian flu—to cause serious problems for employers, and what they can do to manage the problem.

• Environmental Citizen Suits: A Potent Tool for Change
  (April 2006; 40 pages). A discussion of lawsuits filed by "citizens"—including public—interest organizations-to enforce environmental laws, particularly with regard to contaminated property.

• Superfund Turns 25: The Past, The Present, and The Future
  (February 2006; 44 pages). A report on the history and future of the superfund law, and the challenges and opportunities facing it.

• EPA’s All Appropriate Inquiries Rule: How Appropriate Is It?
  (January 2006; 36 pages). A critique of an important EPA rule that sets standards and practices for conducting “all appropriate inquiries” into property contamination under the superfund law.

• The OSHA Rulemaking Process: Slow but Steady
  (November 2005; 28 pages). An analysis of OSHA rulemaking activity over the past 20 years, the use of negotiated rulemaking by OSHA and EPA, and future OSHA rulemaking expectations.

• Using Eminent Domain as a Redevelopment Tool:
  Scalpel, Saw, or Sledgehammer
  (September 2005; 64 pages). An in-depth look at the U.S. Supreme Court’s June 23, 2005, landmark decision in Kelo v. City of New London on the use of eminent domain to encourage land revitalization and the resulting fallout.

• Building Schools on Brownfields:
  Lessons Learned from California
  (June 2005; 28 pages). An examination of the property contamination issues confronting school districts when they must decide where to locate new school buildings.

• Federal Prosecution of Business and Ways to Avoid It
  (May 2005; 28 pages). A discussion of the importance of an effective corporate compliance program to fend off criminal prosecution stemming from environmental violations.

• Nongovernmental Organizations:
  Working Together for Environmental Advocacy
  (April 2005; 28 pages). A case study of how two corporations (FedEx Corp. and Unilever) worked cooperatively with two environmental groups (Environmental Defense and Greenpeace International, respectively) to ensure certain operations had a minimal impact on the environment.

• Cooper v. Aviall: Implications & Perspectives
  (March 2005; 44 pages). An analysis of the U.S. Supreme Court’s Dec. 13, 2004, landmark decision on cost recovery under superfund for the cleanup of contaminated sites and the likely affect the decision will have on such cleanups.

• ISO 14000: In Search of an International EMS Standard
  (November 2004; 28 pages). A report on the voluntary environmental management standards issued by the International Organization for Standardization.

• Nanotechnology: Big Questions Come in Small Packages
  (October 2004; 40 pages). A discussion of the environmental implications of nanotechnology, the suitability of regulatory controls, the outlook for the development of public policy, and responses to adapt nanotechnology to new and existing products.

• What Lies Beneath: Vapor Intrusion At Contaminated,
  Redeveloped Sites
  (September 2004; 24 pages). An overview of the issues related to vapor intrusion and the likely impact such issues will have on brownfields redevelopment.

• Environmental Audit Immunity Laws and Self-Disclosure
  Policies: A State-by-State Comparison
  (August 2004; 112 pages). An analysis of current legislative and administrative methods used by states and federal EPA to provide immunity from prosecution or penalty mitigation for voluntary disclosure of environmental violations.