Environmental Policies Environmental Protection Agency

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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

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

President Obama Unveils 2016 Energy and Environment Agenda

Last month, the White House released its fall Unified Agenda, which provides a look at the various regulations being developed by each agency and where each is in the rulemaking process. In the energy and environment space,...more

North Carolina DENR is Now DEQ; New Audit Privilege and Limited Immunity Enacted

The Regulatory Reform Act of 2015 (the “Act”), passed by the North Carolina General Assembly in September and signed by Governor McCrory on October 22, made a number of significant changes to the state’s environmental laws. ...more

EPA Launches New Web Page on Secondary and Service Containers for Pesticides

On November 6, 2015, the U.S. Environmental Protection Agency (EPA) announced that it has a new webpage that compiles information about secondary containers and service containers for pesticides. Secondary and service...more

U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Issue Final Rule Defining “Waters of the United States”...

On May 27, 2015, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corp of Engineers (collectively, the “Agencies”) issued a final rule defining “Waters of the United States” (“WOTUS”) under the Clean Water Act....more

Electronic Reporting to be the NPDES Rule

After a lengthy public notice and comment period, the final National Pollutant Discharge Elimination System (“NPDES”) Electronic Reporting Rule was published in the Federal Register on October 22, 2015, and will become...more

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until...

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing...more

Congressional Challenges Loom for Clean Power Plan Final Rule

Before the end of the year, federal lawmakers are expected to undertake a series of actions to limit, amend, delay or repeal President Obama's Clean Power Plan (CPP) final rule. The final rule was formally published on Oct....more

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

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