Environmental Policies Environmental Protection Agency

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Toxic Substances Control Act: Past, Present and Future

The Toxic Substances Control Act (TSCA) was enacted on October 11, 1976 to regulate certain chemical substances and mixtures being used in interstate commerce. 15 U.S.C. § 2601, et seq. TSCA delegated enforcement authority to...more

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

California Environmental Law & Policy Update - June 2016 #2

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Southern California Environmental Update #1

This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will...more

Ploughing the Same Furrow: EPA Proposes 2017 Renewable Fuel Volumes Using the Methodology From its Previous Rule

On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more

California Environmental Law & Policy Update - June 2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

California Environmental Law & Policy Update - May 2016 #4

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

California Environmental Law & Policy Update - May 2016 #2

Environmental and Policy Focus - Some emergency drought rules might be eased - Los Angeles Times - May 9 - Governor Jerry Brown and the State Water Resources Control Board (SWRCB) on Monday laid out a revised...more

Environmental Notes - April 2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

California Environmental Law & Policy Update - April 2016 #4

Environmental and Policy Focus - Three Michigan state and local officials face first criminal charges in Flint water crisis - The Guardian - Apr 20 - Three state and local officials involved in Flint’s water...more

California Environmental Law & Policy Update - April 2016 #3

Environmental and Policy Focus - Metropolitan Water District signs deal to buy Delta islands for $175 million - Sacramento Bee - Apr 11 - Metropolitan Water District of Southern California (MWD) signed a...more

EPA Proposes Significant Expansions of Its Risk Management/Accidental Release Prevention Program

On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Energy & Environment Update - March 2016 #3

Energy & Climate Debate: The Senate and the House of Representatives are both on Spring Recess, with the Senate returning on April 4 and the House scheduled to return on April 12. Before breaking for recess, the...more

California Environmental Law & Policy Update - March 2016 #2

Environmental and Policy Focus - State Water Project allocation increased to 45 percent - Western Farm Press - Mar 17 - This year’s “miracle March” boosted water supply conditions well enough in California for...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Senate Energy and Natural Resources Committee chair Sen. Murkowski (R-AK) and ranking member Sen. Cantwell (D-WA) remain optimistic that the Senate bipartisan energy bill will advance perhaps...more

California Environmental Law & Policy Update - March 2016

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Despite stalling recently over a debate on how to respond to the Flint water crisis, the Senate bipartisan energy bill is still alive and could see action as soon as next week provided that...more

Maine Modifies Vapor Intrusion Guidance

Addressing a hot topic, the Maine Department of Environmental Protection (DEP) just issued “Supplemental Guidance for Vapor Intrusion (VI) of Chlorinated Solvents and other Persistent Chemicals” superseding guidance issued in...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and...more

California Environmental Law & Policy Update - February 2016 #2

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Will the Next Supreme Court Justice Reshape Environmental Law?

Yes, no, maybe so. With the passing of Justice Antonin Scalia, many have already started to prognosticate about the sea change that will inevitably follow. While it is certainly possible that such a sea change will come to...more

Republican Congressmen Introduce Legislation to Opt Out of Ninth Circuit

Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created...more

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