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Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Environmental Notes - March 2021

Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

Are Jurisdictional Determinations Valid only for Five Years?

As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its...more

Environmental Notes - January 2021

Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Environmental Notes - July 2020

Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more

Environmental Notes - June 2019

If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Environmental Notes - January 2019

EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more

Environmental Notes - October 2018

EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

Environmental Notes - May 2018

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Environmental Notes - May 2017

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Environmental Notes - November 2016

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

Environmental Notes - February 2016

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Environmental Notes - January 2016

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

Environmental Notes - June 2015

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

EPA and Corps Define “Waters of The United States”

EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by...more

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