Megan Baroni

I am an environmental attorney in Robinson+Cole’s Environmental and Utilities Group. I have worked with manufacturers, both big and small, on environmental compliance, risk management, and litigation matters for my entire career. My full firm bio can be accessed here.

As an environmental lawyer, I never want to be a roadblock to our client’s goals. I strive to understand the business of our manufacturing clients – what do you make and how do you make it? I want to know your objective, and I want to help you get there. Regulatory requirements and potential legal liabilities can sometimes seem daunting, but I help our clients develop an understanding of the requirements and all of the potential options so that we can create practical and cost-effective solutions to accomplish the objective. I work with management as well as the people who make our clients’ products every day, and I enjoy every part of it. It’s a good day for me when I can put on my hard hat and walk the factory floor.

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Failed to File An Electronic Injury Report? OSHA May Be Looking For You

By Megan Baroni on April 6, 2018 Posted in OSHA Compliance

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. Under the 2016 Recording and Reporting Occupational Injuries and Illnesses rule … Continue Reading

EPA Considering Ban On The Use Of Private Scientific Data

By Megan Baroni on March 30, 2018 Posted in Environment, Environmental Compliance & Permitting

EPA Administrator Scott Pruitt is considering a plan to restrict the agency’s use of scientific data to only that data which is publicly available. The move would prevent EPA from using private studies, dubbed “secret science,” to justify actions such as passing new regulations. It is not yet clear whether Pruitt will attempt to use … Continue Reading

Court Upholds Unlimited Look Back Period for OSHA Repeat Violations

By Megan Baroni on March 8, 2018 Posted in OSHA Compliance

The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a repeat violation, OSHA guidance and policy documents generally state that the agency will classify a violation as repeated … Continue Reading

EPA to Defer to States on Enforcement

By Megan Baroni on February 8, 2018 Posted in Environmental Compliance & Permitting, Environmental Enforcement

In our 2018 outlook, we told you about the trend towards cooperative federalism—EPA’s plan to “rebalance the power between Washington and the states to create tangible environmental results for the American people.” Early in 2018, EPA has already taken steps towards putting cooperative federalism into practice. At the end of January, EPA Assistant Administrator for the … Continue Reading

2018 Environmental, Health, and Safety Outlook for Manufacturers

By Megan Baroni on January 12, 2018 Posted in Environment, Environmental Compliance & Permitting, Environmental Enforcement, Health & Safety, OSHA Compliance

I want to begin by celebrating the fifth anniversary of our Manufacturing Law Blog. We are passionate about providing you with legal updates that are relevant to your manufacturing business and are honored that you are here. With over 20,000 visits over the course of our blog’s relatively short life, we are proud of the … Continue Reading

The Rise of Vapor Intrusion

By Megan Baroni on October 5, 2017 Posted in Environment, Environmental Compliance & Permitting, Environmental Enforcement

Thank you to my colleague Jim Ray for his contributions to this post. Jim is a partner in our Environmental & Energy Practice Group. We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion. Vapor intrusion is the migration … Continue Reading

Superfund Reform May Be a Slow Go

By Megan Baroni on September 8, 2017 Posted in Environmental Enforcement

As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for restructuring and streamlining the Superfund cleanup process. Over the summer, Administrator Pruitt endorsed 42 recommendations from the task force. The recommendations included, among … Continue Reading

TSCA Implementation Update: EPA Finalizes Framework Rules and Announces Scope For First Risk Evaluations

By Megan Baroni on July 27, 2017 Posted in Chemical Regulation, Environmental Compliance & Permitting

Thank you to my colleague, Emilee Mooney Scott, for this post. Emilee is an associate in our Environmental & Utilities Practice Group. TSCA Framework Rules Promulgated As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those … Continue Reading

Superfund Changes Afoot

By Megan Baroni on June 15, 2017 Posted in Environmental Compliance & Permitting

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place a couple of initiatives in an effort to streamline and improve the Superfund process and cleanups. In addition, … Continue Reading

“Take-Home Toxins” Expand Duty of Care Imposed on Employers

By Megan Baroni on April 13, 2017 Posted in Litigation

Thank you to my colleague, Diana Neeves, for this post. Diana is an associate in our Environmental & Utilities Practice Group. A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and roommate of … Continue Reading

Top 10 OSHA Violations of 2016

By Megan Baroni on March 9, 2017 Posted in OSHA Compliance

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot like the list for 2015 and the preceding years. As OSHA notes, “it rarely changes.” The top 10 … Continue Reading

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

By Megan Baroni on February 10, 2017 Posted in Environment, Litigation

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose, Berkeley, and Oakland—sued Monsanto for allegedly creating a public nuisance not by discharging PCBs, but just by manufacturing them. In September 2016, … Continue Reading

What Will 2017 Bring For Manufacturers: Environmental, Health & Safety Edition

By Megan Baroni on January 31, 2017 Posted in Environment, Environmental Compliance & Permitting, Environmental Enforcement, Health & Safety, Industry Outlook

This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science With increasing awareness of environmental issues and advancing monitoring technologies comes a rise in citizen science. Citizens—be it a single person or … Continue Reading

EPA Identifies First Ten Chemical Substances For Evaluation Under New TSCA

By Megan Baroni on December 8, 2016 Posted in Chemical Regulation

Thank you to my colleague, Emilee Mooney Scott, for her contributions to this post. Emilee is an associate in our Environmental & Utilities Practice Group. As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that … Continue Reading

OSHA Updates General Industry Personal Fall Protection and Walking-Working Surfaces Standards

By Megan Baroni on November 22, 2016 Posted in OSHA Compliance

Special thanks to my colleague, Diana Neeves, for her contributions to this post. Diana is an attorney in our Environmental & Utilities Group. At the end of last week, OSHA issued its long-awaited final rule on walking-working surfaces and personal fall protection systems for general industry. The new rule is intended to update the standards … Continue Reading

OSHA Issues Recommended Practices for Safety and Health Programs

By Megan Baroni on November 16, 2016 Posted in OSHA Compliance

Thank you to my colleague, Tavo True-Alcala, for his contributions to this post. Tavo is an analyst in our Environmental & Utilities Group. In October, OSHA released its new Recommended Practices for Safety and Health Programs, which were issued to incorporate the experience and advances gained since the previous set of recommendations was released … Continue Reading

EPA Turns Up the Heat on Refrigerant Regulation

By Megan Baroni on October 28, 2016 Posted in Environment, Environmental Compliance & Permitting

Special thanks to my colleague, Brian C. Freeman, for this post. Brian is an attorney in our Environmental & Utilities group with a particular focus on air quality. Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy. The rule revises and expands EPA’s regulations … Continue Reading

OSHA Issues New Whistleblower Protection Guidance

By Megan Baroni on October 4, 2016 Posted in OSHA Compliance

In September, OSHA issued new guidance for evaluating settlement agreements between complainants and their employers to protect past and future whistleblowing activities. OSHA reviews these settlement agreements to ensure they are fair, reasonable, and entered into knowingly and voluntarily. While OSHA already has extensive whistleblower protections, this guidance provides new guidelines for approving settlement agreements … Continue Reading

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

By Megan Baroni on September 1, 2016 Posted in Environment, Litigation

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The cities—San Jose, Berkeley, and Oakland—each filed lawsuits against Monsanto alleging that Monsanto was liable for PCB pollution in the Bay, not because Monsanto … Continue Reading

Aerial Emissions Are Not “Disposal” Under CERCLA

By Megan Baroni on August 3, 2016 Posted in Environmental Enforcement, Litigation

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”). Last week, the Ninth Circuit overturned … Continue Reading

I-9: Ways to Avoid Identity Theft

By Megan Baroni on July 14, 2016 Posted in Employment Decisions

This week, we thank members of Robinson+Cole’s Immigration Practice Group (Megan Naughton, Josh Mirer, Lauren Sigg, and Jennifer Shanley) for this post: Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching social security number … Continue Reading

The Chemistry Was Right For TSCA Reform

By Megan Baroni on June 16, 2016 Posted in Environmental Compliance & Permitting, Product Development

Thank you to my colleague, Emilee Mooney Scott, for her contributions to this post. Emilee is an associate in our Environmental & Utilities Practice Group. In a rare bipartisan effort, Congress overwhelmingly passed a bill significantly reforming the chemical safety provisions of the Toxic Substances Control Act (“TSCA”) for the first time in its forty-year … Continue Reading

OSHA To Require Public Disclosure of Workplace Injuries and Illnesses

By Megan Baroni on May 20, 2016 Posted in OSHA Compliance

Thanks to my colleague Tavo True-Alcala for his contributions to this post. Tavo is an analyst in our Environmental & Utilities Practice Group. OSHA recently announced a final rule to improve tracking of workplace injuries and illnesses. Under the new rule, employers will be required to submit injury and illness data to OSHA on an … Continue Reading

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