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DOJ Implements Corporate Self-Disclosure Policy for Criminal Misconduct

A new voluntary self-disclosure policy issued by the United States Department of Justice (DOJ) provides incentives for companies that voluntarily report criminal misconduct by their employees or agents....more

Environmental Notes - April 2023

EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

A Dialogue with Mike Rolband, Director of Virginia DEQ

Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...more

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 - May 2021

A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

Corps’ Nationwide Permits Rule Hits Blue Wall

The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...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 - November 2020

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more

What’s Next for Environmental Regulation if Biden Wins?

If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen....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

EPA Announces Termination Date for COVID-19 Enforcement Policy

Last March, EPA issued a memorandum entitled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.  The memorandum announced a temporary policy regarding EPA’s enforcement of environmental obligations...more

Supreme Court Ruling Creates CERCLA Uncertainty

The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more

Bye, Bye SEPs

The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more

Environmental Notes - May 2020

The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more

Environmental Notes - February 2020

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Environmental Notes - November 2019

Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more

EPA Releases New Guidance on CERCLA Landowner Liability Protections

EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...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 - April 2019

In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”). The regulations set an...more

What's All the PFAS About?

Per- and polyfluoroalkyl substances (PFAS) are a group of over 4,000 synthetic chemicals that have been in use world-wide since the 1940s. They are found in a wide array of consumer and industrial products, including...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

EPA Announces New Compliance Policy

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

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