In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more
U.S. EPA’s final rule reversing its 25 year old hazardous air pollutant “once in/always in” policy will soon be published in the Federal Register and will become effective 60 days thereafter. While first announced in a...more
In a piece of good news for regulated sources, on August 4, 2020, the United States Environmental Protection Agency (U.S. EPA) issued guidance clarifying the flexibility and reduced permitting burden available to sources...more
On May 19, 2020, in an effort to curtail the growth in guidance documents, U.S. EPA proposed new rules to reign in and formalize the guidance process. This proposal resulted from an October 15, 2019 Executive Order that...more
PFAS, noted for its use in older non-stick cookware, fabric stain preventers, and numerous other industrial applications, is fast becoming a major environmental contaminant that is expensive to investigate and even more...more
A Plant-wide Applicability Limit (PAL) is an annual emission limitation that allows facilities to be modified, changed or altered without first obtaining a New Source Review permit. A PAL permit eliminates the need for...more
In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more
Just before the holiday break, U.S. EPA announced the potential return to “nonattainment ozone status” for a number of locations in the United States, including portions of eastern and southeastern Wisconsin. After achieving...more
Spurring growth in domestic manufacturing through regulatory reform is a key objective of the Trump Administration. The Department of Commerce is tasked with developing the Regulatory Reform Plan. In order to achieve...more
Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported...more
The 2016 budget focus for the United States Environmental Protection Agency (“U.S. EPA”) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who...more
On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and...more
On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more