News & Analysis as of

Environmental Policies Environmental Protection Agency

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

Water Infrastructure: The Current State of Funding and Considerations for Private Investors

by Sullivan & Worcester on

Almost a decade ago, EPA estimated the needed investment in our domestic water and wastewater infrastructure at approximately $105 billion; today it is estimated at over $600 billion. There is no indication thus far that the...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

California Environmental Law & Policy Update - June 2017 #4

by Allen Matkins on

Environmental and Policy Focus - EPA to reduce staffing by more than 1,200 this summer - Washington Post - Jun 20 - The U.S. Environmental Protection Agency (EPA) plans on shedding more than 1,200 employees by...more

New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

by Snell & Wilmer on

United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the...more

California Environmental Law & Policy Update - June 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump administration backs away from fight over California's power to set automobile emission standards - Los Angeles Times - Jun 15 - The Trump administration is backing off its...more

DOJ Ban Pushes Third Parties to the Periphery - A new restriction on settlement payments could limit role of Supplemental...

A one-page memorandum from Attorney General Jeff Sessions could cause significant changes to how settling defendants can use supplemental environmental projects (SEPs) in settling Department of Justice (DOJ) environmental...more

Timeline for Implementation of Pesticide Applicators Rule Lengthened by the EPA

by Varnum LLP on

On May 11, 2017, EPA Administrator Scott Pruitt announced a 12-month extension on the implementation of the revised final Certification and Training of Pesticide Applicators Rule. The extension is meant to provide states and...more

State Attorneys General Warn the EPA of Legal Action Should Obama-Era Fuel Economy Standards Get Rolled Back

by Foley & Lardner LLP on

Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more

DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

U.S. EPA Delays Effectiveness of Obama Era Chemical Safety Regulation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week Administrator Scott Pruitt signed a final rule to further delay the effective date of EPA’s Risk Management Program (RMP) Amendments an additional 20 months to allow the agency to conduct a...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California, six other states challenge EPA over farm pesticide - San Francisco Chronicle - Jun 9 - Attorneys General of California and six other states, in an administrative...more

No Accord: Summarizing the U.S. Withdrawal from the Paris Climate Agreement

by Jones Day on

On June 1, 2017, President Trump announced that the "United States will cease all implementation" of the Paris Climate Accord. This Commentary provides a short summary of the impacts of President Trump's announcement....more

California Environmental Law & Policy Update - May 2017 #4

by Allen Matkins on

Environmental and Policy Focus - White House proposes cutting EPA budget by over 30 percent - Washington Post - May 23 - Under the White House’s latest budget proposal, released Tuesday, the U.S. Environmental...more

Update - Environmental and Energy Policy Round-Up: Status of Regulations and Key Decisions under the New Administration

by Miles & Stockbridge P.C. on

As the environmental and energy regulatory landscape under the new Administration continues to shift, we want to keep our clients up to speed, as many of these policy changes may directly or indirectly impact your businesses....more

Environmental Notes - May 2017

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

California Environmental Law & Policy Update - May 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Senate unexpectedly rejects bid to repeal key Obama-era methane regulation - Washington Post - May 10 - The U.S. Senate narrowly voted down a resolution on Wednesday to repeal an...more

California Environmental Law & Policy Update - May 2017

by Allen Matkins on

Environmental and Policy Focus - EPA, clean energy spared Trump's ax in $1.1 trillion budget deal - Bloomberg - May 1 - Environmental programs marked for termination or deep cuts by President Donald Trump got a...more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Maine Hazardous Waste Rules Updated for Exempt Solvent-Contaminated Wipes

by Pierce Atwood LLP on

The State of Maine Department of Environmental Protection (MEDEP) just amended its rules to formally include an exemption for “solvent-contaminated wipes,” putting to bed a long-standing question of how solvent-contaminated...more

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

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