Environmental Protection Agency

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -
News & Analysis as of

Stop the Presses. Superfund is Stupid.

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –...more

Implications of the Clean Power Plan Stay

Late in the day on Tuesday, February 9, the U.S. Supreme Court stayed, for at least a year and possibly longer, the implementation of the Clean Power Plan (CPP), the US Environmental Protection Agency’s (EPA’s)...more

Supreme Court Blocks Obama Administration’s Clean Power Plan

On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

International Food Law Gazette - January 2016

FDA Approves First Genetically Modified Food-Producing Animal - On November 19, 2015, the United States Food and Drug Administration (FDA) approved a new animal drug application (NADA) that authorizes the marketing of...more

Supreme Court’s Stay on EPA’s Clean Power Plan Places States in Limbo

On Tuesday, February 9, 2016, only a few weeks after the U.S. Court of Appeals for the District of Columbia Circuit denied a multistate plea to stop the U.S. EPA’s Clean Power Plan, the United States Supreme Court issued a...more

Supreme Court Stays Implementation of Controversial Clean Power Plan

The 5-4 decision temporarily blocks further execution of the EPA’s new plan to cut carbon emissions from existing power plants. On February 9, the US Supreme Court handed a potentially significant defeat to the Obama...more

Clean Power Plan Put on Hold

On Tuesday, February 9, 2016, the United States Supreme Court granted a stay preventing the Environmental Protection Agency from implementing its Clean Power Plan (“CPP), a controversial effort by the EPA to control...more

Proposed Rule Adding Vapor Intrusion Component to Hazard Ranking System Will Likely Appear in Federal Register This Month

A proposed rule that would add a vapor intrusion component to the Hazard Ranking System (“HRS”), the primary screening tool for the CERCLA National Priorities List (“NPL”), is scheduled for publication in the Federal...more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

Renewable Energy Case Law Update

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

Stay of Clean Power Plan Hampers Innovative Strategies to Reduce Carbon Emissions & Obscures Policy Signals for Investment

On February 9, 2016, in a 5-4 decision, the U.S. Supreme Court stayed the Clean Power Plan (CPP), effectively halting the rule’s implementation until the D.C. Circuit and, in all likelihood, the high court itself reach a...more

U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with...more

Bayer Announces That It Will Not Submit Voluntary Cancellation Requests for Flubendiamide

Significant issues concerning the scope of the U.S. Environmental Protection Agency’s (EPA) authority to cancel conditional registrations are raised by recent events concerning flubendiamide products sold in the U.S. by...more

Supreme Court Delays Implementation of Clean Power Plan

In a 5-4 vote, the United States Supreme Court stayed the implementation of the Clean Power Plan (CPP) through the ultimate Supreme Court determination on the merits, assuming the inevitable writ of certiorari from the D.C....more

U.S. Supreme Court Stays Clean Power Plan

In a rare move, the U.S. Supreme Court stayed the U.S. Environmental Protection Agency's (EPA) Clean Power Plan even before the merits of the rule have been decided by the U.S. Court of Appeals for the District of Columbia...more

US Supreme Court stays Clean Power Plan

The Supreme Court of the United States has issued an order staying the U.S. Environmental Protection Agency's Clean Power Plan regulations limiting carbon emissions from electric power plants. As a result, the rule's effect...more

EPA and DOJ Cannot Sugarcoat This: SCOTUS Stays the Clean Power Plan

On February 9, 2016, the Supreme Court stayed EPA’s Clean Power Plan rule. No matter how much EPA and DOJ proclaim that this says nothing about the ultimate results on the merits, the CPP is on very shaky ground at this...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

Supreme Court Halts Clean Power Plan Implementation Pending Judicial Review

Taking what many are calling an unprecedented step, the Supreme Court yesterday, in a 5-4 “party line” vote, granted a stay of the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP), halting the compliance...more

The California Air Resources Board Expands the Burden on Motor Carriers to Verify if Hired Fleets Comply with Air Quality...

A broker, motor carrier, contractor, public agency, dispatcher, or developer (collectively “Operator”) that operates, or directs the operation, of any vehicle subject to the California Air Resources Board’s (“ARB”) California...more

Food-Processing Sector May Be U.S. EPA’s Next Enforcement Target

Every three years, the United States Environmental Protection Agency (EPA) sets national enforcement initiatives to focus its civil and criminal enforcement resources on specific environmental issues. On September 15, 2015,...more

EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The...more

EPA's Clean Water Rule: Congressional Attempt to Stop is Vetoed, but Pending U.S. Court of Appeals' Stay Remains in Effect

On January 19, 2016, President Obama issued the ninth veto of his presidency, rejecting Joint Resolution 22, a congressional resolution that would have overturned EPA’s recently enacted regulations defining the "waters of the...more

Dates And Locations Of "Modernizing The Regulatory System For Biotechnology Products" Meetings Announced

On February 1, 2016, the dates and locations for the last two public engagement sessions discussing the "Modernizing the Regulatory System for Biotechnology Products" memorandum were announced. The first meeting occurred on...more

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