This page will be updated from time to time. For additional assistance, contact any member of our Texas office: Maddie Boyer, Laura LaValle, Karen Hansen, Bryan Moore or Bina Reddy, or your usual Beveridge & Diamond contact.
Federal Resources
US Environmental Protection Agency
- EPA Homepage
- Multi-State Fuel Waivers: Access fuel waivers issued in response to Hurricane Harvey in order to ensure an adequate supply of fuel is available
US Department of Transportation
- Harvey Site: Access the DOT's resources regarding the impact of and responses to Hurricane Harvey
- Railroad Emergency Relief: Emergency declaration issued by Federal Railroad Administration Acting Administrator Heath Hall
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
- CSB Homepage
- CSB Safety Alert: Alert issued by the CSB in response to Hurricane Harvey
State Resources/Regulatory Relief
Both Texas and Louisiana have 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.
Texas
Texas Office of the Governor
- Governor Greg Abbott issued a declaration of imminent disaster enabling a state response to Hurricane Harvey
- Governor's Response to Request for Suspension of TCEQ Rules (PDF)
- Suspension of TCEQ Rules (8/28/17, PDF)
Texas Commission on Environmental Quality
- TCEQ Homepage
- Harvey Site: TCEQ hurricane response resources
- Waste Management for Authorized Facilities: For operators of municipal solid waste, petroleum storage tank, and industrial hazardous waste facilities
- Public Drinking Water Systems: For operators of public water systems, with information including who to contact in TCEQ
- Wastewater Treatment Plants: For owners and operators regarding how to handle damages and accidental discharges in the event of a natural disaster
- Air Quality for Permitted Facilities: For owners and operators of facilities with air permits regarding issues such as disaster debris, facility repairs, emissions reporting, facility management, and who to contact
Louisiana
Louisiana Office of the Governor
- Governor John Edwards issued a proclamation declaring a state of emergency
Louisiana Department of Environmental Quality
- Louisiana DEQ Homepage
- Harvey Emergency Order: Emergency order issued by the DEQ in response to Hurricane Harvey
B&D Tips and Considerations for Disaster Recovery
Checklist for Maximizing Insurance Coverage After a Disaster
Force Majeure Claims
To maximize your ability to claim force majeure successfully for regulatory, insurance, contractual, and litigation purposes, companies should:
- Comply as fully as possible with all regulations, permits, and agency emergency guidance, including spill and release reporting.
- Communicate openly and regularly with agency officials.
- When possible, seek explicit waivers in advance from regulators.
- Adhere to company emergency, disaster, and risk management protocol.
- Adhere to startup and shutdown plans.
- Document and maintain records of actions taken in response to the hurricane and flooding, including documentation when action is infeasible or dangerous.
- Document and maintain records of damage sustained.
B&D’s Texas office and the firm as a whole stand with our clients, friends, and family in Texas and the Gulf Coast as they recover from Hurricane Harvey. We have pledged $25,000, plus matching all employee contributions, to charitable organizations focused on hurricane relief.
