Hurricane Florence Environmental Regulatory Resource Center

A resource for companies bringing facilities back online and managing air, water, waste, and safety issues in the wake of the storm.

Credit: NOAA/STAR

Credit: NOAA/STAR

Our thoughts are with all those affected by Hurricane Florence.  We will be making a financial contribution to relief efforts.

We also developed a Hurricane Florence Environmental Resource Center, tracking hurricane-related federal and state environmental regulatory relief, and including resources such as a checklist of steps to take to maximize insurance recovery following a disaster.

For more information, or if we can help in your recovery efforts, please contact your usual Beveridge & Diamond contact or any member of our Hurricane Florence response “core team”: Pete AndersonDavid FriedlandJohn KazanjianBen AppleJessalee Landfried, or Nicole Weinstein.


Federal Resources

US Environmental Protection Agency

  • EPA Homepage
  • Multi-State Fuel Waivers: Access fuel waivers issued in North Carolina, South Carolina, Georgia, and Virginia in response to Hurricane Florence in order to ensure an adequate supply of fuel is available

US Department of Transportation

  • Florence Site: Access the DOT's resources regarding the impact of and responses to Hurricane Florence
  • FMCSA Regulatory Relief: The FMCSA issued an emergency regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts

US OSHA

  • OSHA Homepage
  • Hurricane Site: OSHA resources regarding general hurricane preparedness and response as it pertains to Occupational Safety & Health
  • Flood Site: OSHA resources regarding general flood preparedness and response as it pertains to Occupational Safety & Health

US Chemical Safety Board

US PHMSA


State Resources/Regulatory Relief

Federal Disaster Declarations have been issued for VirginiaNorth Carolina, and South Carolina. These states have each provided hurricane response guidance and have developed regulatory relief that includes suspended applicability of select rules to address emergency response, but these measures are limited and temporary in nature. U.S. EPA has not issued similar regulatory relief at this time.

North Carolina

North Carolina Office of the Governor

North Carolina Department of Public Safety

North Carolina Department of Environmental Quality

South Carolina

South Carolina Office of the Governor

South Carolina Emergency Management Division

South Carolina Department of Health and Environmental Control

  • Florence Site: SCDHEC hurricane response resources
  • Chemical Spill Hotline: 1.888.481.0125

Virginia

Virginia Office of the Governor

Virginia Department of Emergency Management

Georgia

Georgia Office of the Governor

Maryland

Maryland Office of the Governor


Beveridge & Diamond Tips and Considerations for Disaster Recovery

Checklist for Maximizing Insurance Coverage After a Disaster

Force Majeure Claims

To maximize ability to claim force majeure successfully for regulatory, insurance, contractual, and litigation purposes, companies should:

  1. comply as fully as possible with all regulations, permits, and agency emergency guidance, including spill and release reporting;
  2. communicate openly and regularly with agency officials;
  3. when possible, seek explicit waivers in advance from regulators;
  4. adhere to company emergency, disaster, and risk management protocols;
  5. adhere to startup and shutdown plans;
  6. document and maintain records of actions taken in response to the hurricane and flooding, including documentation when action is infeasible or dangerous; and
  7. document and maintain records of damage sustained.