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# The Law Offices of Shell J. Bleiweiss

Providing environmental and OSHA legal services.

## Sitemaps

- [XML Sitemap](https://shell-bleiweiss.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Recent News & Articles](https://shell-bleiweiss.com/recent-news-articles/) - News and opinions on environmental and OSHA law, regulations, and other related topics.
- [Rapanos Impacts NPDES Permitting As Well As Wetlands Jurisdiction](https://shell-bleiweiss.com/news/rapanos-impacts-npdes-permitting-as-well-as-wetlands-jurisdiction/) - Rapanos, the landmark Supreme Court case addressing wetlands jurisdiction under the Clean Water Act, has been impacting NPDES permitting jurisdiction as well as wetlands jurisdiction. In this well written article, the authors discuss this trend, what the regulated community is doing, and what Congress may do in response.
- [Fracking and NEPA's Categorical Exclusions](https://shell-bleiweiss.com/news/fracking-and-nepas-categorical-exclusions/) - Shell has published an article on the subject of how or if NEPA applies to fracking leases; specifically whether loans on properties with fracking leases should continue to fall within a categorical exclusion. You can read the article HERE.
- [EPA Issues New CERCLA Guidance for BFPP Status of Tenants](https://shell-bleiweiss.com/news/epa-issues-new-cercla-guidance-for-bfpp-status-of-tenants/) - EPA has revised the way that it treats tenants of contaminated properties as Bona Fide Prospective Purchasers (BFPPs) under CERCLA. CERCLA does not require that tenants conduct their own All Appropriate Inquiry (AAI) when leasing a property; they can benefit from BFPP status if the owner properly conducts an AAI. Previously, however, if an owner
- [Land Contamination Case Expert](https://shell-bleiweiss.com/news/land-contamination-case-expert/) - Shell has been retained as an expert witness on a land contamination case under CERCLA. It is a legal malpractice case against a big Milwaukee, WI firm, concerning a corporate acquisition and CERCLA cleanup. Shell wrote expert opinions in 2010 and 2011, and testified in 2012.
- [Guns at Work](https://shell-bleiweiss.com/news/guns-at-work/) - A recent article by Shell J. Bleiweiss and Jamie Davidson discusses the tension between state guns-at-work laws and the federal OSH Act. State laws prohibiting employers from banning otherwise legal firearms in employee vehicles in company parking lots have been upheld as valid and enforceable. OSHA regulations generally do not apply to firearms in the
- [Supreme Court Allows Pre-enforcement Review of EPA Compliance Orders under the CWA](https://shell-bleiweiss.com/news/supreme-court-allows-pre-enforcement-review-of-epa-compliance-orders-under-the-caa/) - On March 21, 2012, the Supreme Court found in Sackett v. EPA that the Sackett family has the right to a pre-enforcement review of an EPA compliance order under the Clean Water Act. The Court found that the EPA's compliance order constituted a final agency action because the order "mark[ed] the 'consummation' of the agency's
- [Supreme Court to Consider Availability of Pre-enforcement Review of EPA Administrative Orders](https://shell-bleiweiss.com/news/supreme-court-to-consider-availability-of-pre-enforcement-review-of-epa-administrative-orders/) - Sackett v. EPA presents the issue of whether pre-enforcement review is available for EPA administrative orders other than CERCLA orders. The other major federal environmental statutes don’t have the express bar of pre-enforcement review that CERCLA has. Sackett is currently on the Supreme Court’s 2011-12 docket and will be the first time the Supreme Court
- [Amended Confined Space Entry Standard](https://shell-bleiweiss.com/news/amended-confined-space-entry-standard/) - Effective February 1, 1999 new requirements apply to employee/union rights, outside rescue services, and training. See 29 CFR 1910.146.
- [Dipping and Coating Operations](https://shell-bleiweiss.com/news/dipping-and-coating-operations/) - On March 23, 1999 OSHA revised it's standard for dipping and coating operations. The standard can be found at 29 CFR Section 1910.108 and Section 1910.94(d).
- [EPA Report on Vapor Intrusion](https://shell-bleiweiss.com/news/epa-report-on-vapor-intrusion/) - Vapor intrusion, or the movement of harmful vapors from groundwater and soil into structures, may be the most important new focus of state and federal governments. Previously approved remedies are being reviewed and may be re-opened because of vapor intrusion issues. EPA has issued a new report on the subject.
- [Draft EPA Report--Healthy Buildings--Comments Due ](https://shell-bleiweiss.com/news/draft-epa-report-healthy-buildings-comments-due/) - EPA has published its Draft Final Healthy Buildings, Healthy People: A Vision for the 21st Century Report. Comments are due by May 31, 2000. Access the report at Note to Readers.
- [Supreme Court - CAA preempts federal common law](https://shell-bleiweiss.com/news/supreme-court-caa-preempts-federal-common-law/) - On June 20, 2011, the U.S. Supreme Court held that the Clean Air Act displaces any federal common-law causes of action that would be intended to abate emissions of carbon dioxide from fossil-fuel fired power plants. In this case, American Elec. Power Co. v. Connecticut, the Court overturned a Second Circuit decision. Citing Mobil Oil
- [Timing of Environmental Citizen Suits – New Ruling](https://shell-bleiweiss.com/news/timing-of-environmental-citizen-suits-–-new-ruling/) - On May 3, 2011, the Seventh Circuit Court of Appeals found in favor of plaintiffs in Adkins v. Vim Recycling, Inc., a case under RCRA that considered whether a narrower state agency lawsuit could preclude a broader citizen suit and whether plaintiffs could maintain a citizen suit in federal court once a state agency filed
- [Climate Change Science - Post to ABA Section of Environment's Year-In-Review](https://shell-bleiweiss.com/news/climate-change-science-post-to-aba-section-of-environments-year-in-review/) - A. The Science Behind Climate Change Lawmakers and scientists sharply contest the issue of climate change. Arguably, the need for climate change laws extends beyond the controversy of whether the climate is changing and what potential affect that might have on the environment. These laws are also intended to mitigate damage from pollution, encourage sustainability,
- [New Stormwater Rules for Construction Sites](https://shell-bleiweiss.com/news/new-stormwater-rules-for-construction-sites/) - On December 1, 2009, EPA published a final rule that, for the first time, imposes monitoring requirements and enforceable numeric limitations on stormwater discharges from construction sites nationwide. Will this change best management practices at construction sites? Will it preempt local controls? These questions will have to wait and see.
- [Northwestern University Law School’s Environmental Law Clinic](https://shell-bleiweiss.com/news/northwestern-university-law-school’s-environmental-law-clinic/) - Shell has been asked to address the NULS Environmental Law Clinic in March 2010 on the subjects of private practice of environmental law and forming a solo law firm for the practice of environmental law. The clinic’s model is to give environmental law students real-world experience working on cutting edge environmental cases. Shell had previously
- [Constitutional Challenges to Retroactive Superfund](https://shell-bleiweiss.com/news/constitutional-challenges-to-retroactive-superfund/) - A recent Supreme Court decision gives new life to PRP challenges to the retroactive application of Superfund. In Eastern Enterprises v. Apfel, 118 S. Ct. 2121 (June 25, 1998), the Supreme Court held a retroactive requirement to fund health care costs an unconstitutional taking, applying takings law for the first time to the imposition of
- [OSHA issues Mold in the Workplace, Information Bulletin](https://shell-bleiweiss.com/news/osha-issues-mold-in-the-workplace-information-bulletin/) - Link to original article.
- [Indoor Air Quality Proposal Withdrawn](https://shell-bleiweiss.com/news/indoor-air-quality-proposal-withdrawn/) - This mainly cigarette smoke proposed rule was controversial from the beginning.
- [OSHA's Ergonomics Rule Vetoed by Congress](https://shell-bleiweiss.com/news/oshas-ergonomics-rule-vetoed-by-congress/) - Congress exercised (for the first time) its authority under the Congressional Review Act of 1996 to override and nullify OSHA's Ergonomics Rules. To see how this law may be used against other federal agency rulemaking, and what it portends for OSHA in the future, contact Shell.
- [Final Ergonomics Program](https://shell-bleiweiss.com/news/final-ergonomics-program/) - Over a decade in the offing and delayed more by politics than science, OSHA has finally promulgated an ergonomics standard (29 CFR 1910.900), which will become effective on January 16, 2001. The standard requires that when an employee reports a musculoskeletal disorder the employer must review risk factors associated with the job, and establish an
- [OSHA Proposes Ergonomics Standard](https://shell-bleiweiss.com/news/osha-proposes-ergonomics-standard/) - On November 23, 1999, OSHA published its long-awaited (dreaded) proposed Ergonomics Standard in the Federal Register. The standard will require ergonomics programs at employers where one or more employee has suffered a musculoskeletal disorder. Employees on disability leave will have to be paid 100% of their wages and benefits. For more information, contact Shell.
- [OSHA Says It Won't Routinely Request Employers' Voluntary Self-Audits](https://shell-bleiweiss.com/news/osha-says-it-wont-routinely-request-employers-voluntary-self-audits/) - For several years OSHA has had the right to obtain employers' self-audits. In some instances OSHA inspectors have routinely demanded voluntary self-audits at the outset of an inspection, using the road map to investigate possible violations, and if found, classify them as willful. On October 6, 1999 (and finalized on July 28, 2000) OSHA announced
- [New Enforcement Policy](https://shell-bleiweiss.com/news/new-enforcement-policy/) - On April 19, 1999, OSHA announced a new site-specific enforcement plan that targets 2,200 workplaces for immediate, unannounced wall-to-wall inspection. The new plan, announced following the federal appelate court's striking down of OSHA's so-called Cooperative Compliance Program ("CCP"), is based on 1997 injury and illness data. Under the new plan, work sites with a Lost
- [Whistleblower Protection](https://shell-bleiweiss.com/news/whistleblower-protection/) - On March 31, 1999 OSHA announced a pilot program in the Midwest region to educate employees about OSHA's whistleblower protections. OSHA wants workers to know they have the right to report safety and health problems without fear of employer reprisals. OSHA will distribute a brochure on the subject, printed in English, Polish and Spanish. Strengthened
- [New Forklift Training Standard](https://shell-bleiweiss.com/news/new-forklift-training-standard/) - Effective March 1, 1999 new powered industrial truck operator training requirements go into effect. See 29 CFR 1910.178(1)
- [CERCLA/Brownfields--Contiguous Property Owners](https://shell-bleiweiss.com/news/cerclabrownfields-contiguous-property-owners/) - EPA has issued enforcement guidance for innocent contiguous property owners avoiding liability under CERCLA or Superfund.
- [ENLIBRA -- The next Reg-Neg or something more?](https://shell-bleiweiss.com/news/enlibra-the-next-reg-neg-or-something-more/) - President Bush's nomination to head the EPA is known for his ENLIBRA philosophy; it stands for dialogue and consensus rather than regulation and litigation--also for strong state rights in the environmental arena. Utah Governor Michael Leavitt may be the EPA's next Administrator.
- [Small Business Liability Relief and Brownfields Revitalization Act](https://shell-bleiweiss.com/news/small-business-liability-relief-and-brownfields-revitalization-act/) - Congress passed HR2869, the Small Business Liability Relief and Brownfields Revitalization Act on December 21, 2001. President Bush is expected to sign the bill into law. The bill protects small businesses and residential generators from most CERCLA liability, creates new grant programs for brownfield redevelopment, clarifies and expands the innocent purchaser exemption, and creates new
- [DC Circuit Sets Aside EPA 1998 Periodic Monitoring Guidance For Title V Operating Permits](https://shell-bleiweiss.com/news/dc-circuit-sets-aside-epa-1998-periodic-monitoring-guidance-for-title-v-operating-permits/) - On Friday, April 14, 2000, the US Court of Appeals for the District of Columbia Circuit, in Appalachian Power Company et al. v. EPA, ruled that EPA circumvented its obligation to make major policy changes through formal rulemaking processes by seeking to expand monitoring activities under the Clean Air Act through the use of its
- [Residential Lead Paint Enforcement](https://shell-bleiweiss.com/news/residential-lead-paint-enforcement/) - EPA has begun to enforce its Real Estate Notification and Disclosure Rule which requires the disclosure of information concerning lead-based paint and its hazards in residential housing, at the time of sale or lease. See 40 CFR Pt. 745, subpart F. EPA inspectors are performing surprise inspections at, among other places, real estate brokerage and

## Pages

- [Home](https://shell-bleiweiss.com/) - Phone: (847) 487-7095 sbleiweiss@shell-bleiweiss.com Providing environmental and OSHA legal services to individuals and businesses, large and small. Contact Shell J. Bleiweiss Email Shell Providing environmental and OSHA legal services to individuals and businesses, large and small. Contact Shell J. Bleiweiss Email Shell Firm Philosophy The Law Offices of Shell J. Bleiweiss was founded on the
- [Office Locations](https://shell-bleiweiss.com/locations/) - Office located in downtown Chicago.
- [Biography](https://shell-bleiweiss.com/biography/) - Shell has a proven history at three of the countries top law firms. Top-rated attorney on AVVO and Super Lawyers.
- [OSHA](https://shell-bleiweiss.com/osha/) - Representing employers in Federal OSHA states.
- [Testimonials](https://shell-bleiweiss.com/testimonials/) - See what former clients have to say about their results and experience working with Shell.
- [Why Choose Us](https://shell-bleiweiss.com/why-choose-us/) - Affordable environmental and OSHA legal services and litigation for cases of all sizes.
- [Practice Areas](https://shell-bleiweiss.com/practice-areas/) - OSHA and environmental attorney offering proven, top-quality outside counsel.
- [Thank You For Your Inquiry](https://shell-bleiweiss.com/thank-you-for-your-inquiry/) - Phone: (847) 487-7095 sbleiweiss@shell-bleiweiss.com Thank You For Your Inquiry Someone from our office will contact you shortly. In the meantime, please feel free to read the rest of our site to learn more about our firm and industry news.

## Testimonials

- [Jeremy Zobrist](https://shell-bleiweiss.com/testimonial/jeremy-zobrist/) - There is an old saying that you really get to know someone when you jump into a foxhole with them. Well, I’d jump into a foxhole with you anytime. Thanks for the help with OSHA.
- [Martha Westergaard](https://shell-bleiweiss.com/testimonial/martha-westergaard-2/) - WOW!!! YOU ARE THE BEST!!! Thank you for your expertise. We feel that progress was made today that would not have happened without you. Poor Andy was truly outmatched. Some of the things he said were so silly and you guys nailed him on it and diffused his idle threats. Thank you, thank you and
- [Alice Pisaruk](https://shell-bleiweiss.com/testimonial/alice-pisaruk/) - Thank you for this update. You certainly go the extra mile to be certain that your clients and Sue and I are well advised. I appreciate that so much. Were it not for you, we would not have these creative solutions offered to us. We hope they remain on the table and that we can
- [Thad Lightfoot](https://shell-bleiweiss.com/testimonial/thad-lightfoot/) - Thanks Shell. You did a terrific job and Bell Lumber & Pole Co. is very happy that this case is now dismissed.
- [Don Kerr](https://shell-bleiweiss.com/testimonial/don-kerr/) - Your cross examination of the State’s expert was masterful!
- [Michael D. Hockley](https://shell-bleiweiss.com/testimonial/michael-d-hockley/) - Shell. Terrific. I know you will do a great job. Although this is the kind of case that should settle, and almost did settle before a new DOJ attorney was assigned, we may be forced to try this case. I wanted to make sure we had strong local counsel in the event that occurs. We
- [N. Dean Nasser, Jr.](https://shell-bleiweiss.com/testimonial/n-dean-nasser-jr/) - Shell, after reading the cases I’m very satisfied we are in the driver’s seat on this issue. Great work and excellent service. Thank you. I will definitely call you if we need more help. Again thanks.
- [Tom Snitzer](https://shell-bleiweiss.com/testimonial/tom-snitzer/) - I just want to thank you. Very well written and I suspect effective memo. Good teamwork. I am very happy; this is just about perfect. I am very confident and know that I have put myself into capable hands.
- [Carla Womack](https://shell-bleiweiss.com/testimonial/carla-womack/) - I just wanted you to know that the first time I walked into your office to discuss my claim; I knew I made the right choice in asking you to represent me. You believed in me and my case when no one else knew much about "Mold" and its terrible affects on humans, nor were
- [Norman R. Solberg](https://shell-bleiweiss.com/testimonial/norman-r-solberg/) - I have worked with Shell Bleiweiss back when he was senior environmental law partner at McDermott Will & Emery in Chicago (and later on other matters, too). He is absolutely a go-to expert in this field. I have also worked with a fine environmental engineer on a serious pollution matter and who found us a
- [Martha Westergaard](https://shell-bleiweiss.com/testimonial/martha-westergaard/) - My sisters, nieces, and nephews are so appreciative of all you have done to get the lease done and LaFarge up to speed. I will miss chatting through emails with you. We all have a relationship that has become a friendship of sorts. If you ever want a tour of the mine, let me know.
- [Jon van Horne](https://shell-bleiweiss.com/testimonial/jon-van-horne/) - I worked with Shell in big law so I know from experience that he would be a great choice.
- [Sarah Champagne](https://shell-bleiweiss.com/testimonial/sarah-champagne/) - The conference call was nothing short of brilliant, and cleared up a lot of issues for everyone, though we knew what we wanted, and the Bennitts, well, who knows what they knew. You were just the best in sticking to the point and not backing down. We are so used to being ignored and it
- [Dr. Allan W. Hatheway](https://shell-bleiweiss.com/testimonial/dr-allan-w-hatheway/) - An elegant pleading indeed!
- [Jay Killeen](https://shell-bleiweiss.com/testimonial/jay-killeen/) - Shell: Bev and I can’t thank you enough, you made our holiday!! Have a great Thanksgiving.
- [Todd R. Wiener](https://shell-bleiweiss.com/testimonial/todd-r-wiener/) - Steve, thank you very much for the invitation and opportunity. Unfortunately, I will be unable to accept. I do have a recommendation for you, though. My former partner, Shell Bleiweiss, has vast Superfund experience and has represented many ISRI members over the years in Superfund and other environmental enforcement proceedings. I mentioned your invitation to

## Categories

- [Environmental](https://shell-bleiweiss.com/news/category/environmental/)
- [OSHA](https://shell-bleiweiss.com/news/category/osha/)