Eleventh Circuit Limits Reach Of OSHA’s ‘HazWoper’ Standard

The United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health Administration’s (OSHA) Hazardous Waste Operations and Emergency Response Standard—the so-called “HazWoper” (or “HAZWOPER”) standard. The decision is U.S. Department of Labor v. Tampa Electric Co.
Background
Tampa Electric Co. uses ammonia in the operation of its electric power plant. The plant was designed and built so […]

By | June 29th, 2022 ||

Court Of Appeal Holds No-Project Alternative Analysis May Mean More

A jury convicted Defendant of tax fraud after he underreported his cash income from two of his pharmacies. Defendant argued on appeal that the affidavit in support of his search warrant was defective because it contained material omissions and misstatements made in reckless disregard for the truth. This, he claimed, misled the magistrate court in executing the warrant.
Holding
The Court affirmed the district court’s denial of Defendant’s request for review of the search warrant. For […]

By | June 27th, 2022 ||

ECCA Declines To Hear Appeal Against Ex Parte Orders Prior To Return Date

Last week, the Eastern Caribbean Court of Appeal (ECCA) handed down its judgment on an attempted appeal by a BVI company, Greater Sail Limited (“Greater Sail”), against orders made ex parte by the Commercial Court, prior to the return date hearing.

In refusing to hear the appeal, the Court found that it would be “improper to permit [the appellant] to appeal to this Court” prior to an inter partes hearing before the judge below.
Background
This judgment is the latest in this long-running […]

By | June 20th, 2022 ||