Kerry Shea

Kerry Shea

Davis Wright Tremaine LLP

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The (much!) Higher Cost of Non-Compliance: Federal Civil Penalties Increase

EPA has released an interim final rule with penalty adjustments mandated by a new law (“Interim Rule” or “Rule”). Most importantly, the “catch up” adjustments under the Interim Rule carry quite a wallop for those subject to...more

11/1/2016 - CERCLA Civil Monetary Penalty Clean Water Act EPA EPCRA Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 FIFRA Interim Rule RCRA

California’s New Climate Change Law Tempered by Uncertainty About Its Cap and Trade Program

California Governor Jerry Brown signed Senate Bill 32 last week codifying into law his office’s emission reduction goal of cutting greenhouse gas emissions to 40% below the 1990 level by 2030. By signing this bill, Governor...more

9/16/2016 - Cap-and-Trade CARB Climate Change Greenhouse Gas Emissions Jerry Brown

New Amendments To TSCA Invigorate Chemical Regulatory Regime And Empower EPA

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act) which amends the core provisions of the Toxic Substances Control Act (TSCA), an environmental law...more

6/24/2016 - Chemicals EPA Preemption Risk Assessment Toxic Substances Control Act (TSCA)

BPA in Plastics Requires a Prop 65 Warning — For Food Containers, California Imposes a Generic Point-of-Sale Warning

Last year the State of California added Bisphenol A (BPA) to its list of chemicals known to cause cancer or reproductive harm under Prop 65 [the Safe Drinking Water and Toxic Enforcement Act of 1986], a law which requires...more

5/24/2016 - BPA Manufacturers OEHHA Proposition 65 Retailers Warning Labels

Dumpster Dives, Investigations and Penalties

What you put in the trash can cost you a fortune. Regulators are increasingly interested in companies’ disposal practices and are initiating investigations and enforcement actions. The “dumpster dives” form the basis of a...more

12/16/2015 - Corporate Counsel Enforcement Actions Hazardous Waste Investigations Penalties Waste Disposal

Clean Power Plan Formally Published – Full Steam Ahead for Challengers!

The U.S. EPA formally published the final version of the Obama Administration’s Clean Power Plan on Friday, October 23, an action which starts a 60 day period within which to challenge the rule. On the same day, 26 challenges...more

10/27/2015 - Clean Air Act Clean Power Plan Compliance Energy Sector Environmental Policies EPA Federal Implementation Plans (FIP) Greenhouse Gas Emissions Mercury Obama Administration SIP

California State Water Board Flexes Its Enforcement Muscle With Water Diverters

The fact that California is suffering its fourth year of drought conditions is not a new story — how the State should address this water shortage is the subject of much debate. The California State Water Resources Control...more

7/27/2015 - Cease and Desist Orders Curtailment Drought Water Water Diversion Water Resources Control Board

US Supreme Court Nixes EPA Regulations on Mercury Emissions – Must Consider Costs Early!

In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly...more

7/1/2015 - Air Pollution Clean Air Act Discharge of Pollutants EPA Mercury Michigan v. EPA Power Plants SCOTUS

July 1 Deadline for General Industrial Stormwater Permits in California

Beginning July 1 of this year, there’s a new program in town! A new general industrial stormwater permit kicks in in California. Companies with an existing stormwater permit will have to apply for a new permit, and prepare a...more

6/25/2015 - Deadlines Stormwater Discharge Permits

California Supreme Court’s CEQA Ruling Reaches Beyond Residential Development

On Monday March 2, the California Supreme Court handed down a decision allowing a Berkeley home builder to use an exemption from detailed environmental assessment under the California Environmental Quality Act (“CEQA”) in its...more

3/5/2015 - CEQA Commercial Real Estate Market Environmental Impact Report (EIR) Exemptions Infrastructure NEPA Real Estate Development

The Space Between Draft and Final

EPA has a lot to consider in finalizing its rule directing states to create programs to reduce greenhouse gas (GHG) emissions from fossil fuel fired electric generating units. The public comment period on a recently proposed...more

12/10/2014 - Clean Air Act Electricity EPA Greenhouse Gas Emissions Power Plants Proposed Regulation Public Comment

First Cap & Trade Auction Results

The California Air Resources Board (CARB) released the results from the first California CO2 emissions allowance auction held last week. CARB’s initial assessment is that the auction was a success. It went off without any...more

11/21/2012 - Cap-and-Trade CARB

California’s Cap and Trade Allowances Auction: Canary in a Coal Mine

California holds its first Cap and Trade Allowances auction on Wednesday November 14, 2012. Some see this as a make-or-break time, the test case to see if a Cap and Trade program for greenhouse gas emission allowances can get...more

11/13/2012

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