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

US Clean Power Plan adopted

President Obama will formally unveil the Clean Power Plan today, a set of regulations by the U.S. Environmental Protection Agency (EPA) to reduce carbon emissions associated with the electric power industry. A blog post by...more

NGOs File Suit Regarding Inert Ingredients’ Disclosure

On June 24, 2015, in the United States District Court for the Northern District of California, the Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility (Plaintiffs) sued the U.S....more

Foundation: July 2015 • Vol. II, Issue 2

Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more

EPA Adopts Significant Revisions to Underground Storage Tank Regulations

The U.S. Environmental Protection Agency has promulgated significant new provisions both to its 1988 underground storage tank (UST) regulations and to its 1988 state program approval (SPA) regulations. 80 Fed. Reg. 41566...more

NGOs Challenge Nanosilva’s Conditional Registration

On July 27, 2015, two petitions for review of the U.S. Environmental Protection Agency’s (EPA) second conditional registration of a nanosilver pesticide product were filed in the U.S. Court of Appeals for the Ninth Circuit....more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

EPA Ordered to Revise CSAPR Emissions Budgets

On July 28, the U.S. Court of Appeals for the D.C. Circuit ordered the U.S. Environmental Protection Agency (EPA) to revise emissions budgets for several states under the agency’s Cross-State Air Pollution Rule (CSAPR or the...more

EPA Releases Guidance Document: Antimicrobial Pesticide Use Site Index

On July 24, 2015, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice extending the public comment period regarding its proposed Antimicrobial Pesticide Use Site Index (USI) from July 31, 2015 to...more

The D.C. Circuit Sends EPA Back to the Drawing Board to Fix Its Transport Rule Emissions Budgets

The Clean Air Act’s good neighbor provision prohibits upwind states from emitting air pollutants in amounts that will “contribute significantly to nonattainment” of a national ambient air quality standard in a downwind state....more

EPA and the Army Corps Seeking to Consolidate Challenges to Recently Issued “Waters of the United States” Rule

Since the EPA and the Army Corps published the final rule defining “waters of the United States” on June 29, 2015, 72 plaintiffs have already filed ten separate complaints in eight federal district courts challenging the...more

Does CPSC or FDA Have Jurisdiction Over Your Consumer Product?

As our readers know, we write about legal developments that affect companies involved in manufacturing, importing, distributing, and/or selling “consumer products.” In many cases, these products fall squarely within the...more

Energy & Environment Update - July 2015 #4

Energy and Climate Debate - Energy and climate issues will garner substantial attention between now and the August recess, and congressional, Administration, and international efforts will remain high through the end of...more

EPA Issues Direct Final Rule To Mandate Updated Electronic Reporting

The July 20, 2015, Federal Register includes a notice for direct final action to amend the electronic reporting regulations for Section 5 under the Toxic Substances Control Act (TSCA). The U.S. Environmental Protection Agency...more

Fate of Injection Wells in Historically Exempt Aquifers Comes Closer to Determination

A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’...more

Proposed Rule Exempts Six Biobased Chemicals From Additional CDR Requirements

On July 22, 2015, EPA announced a proposed rule for the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data. If enacted, this rule will exempt the following six biobased chemicals from...more

Gov. Brown Assembles Fracking Review Panel

According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”)....more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

Modernizing and Coordinating the Regulatory System of Biotechnology Products

On July 2, 2015, the U.S. Office of Science and Technology Policy (OSTP) of the Office of the President issued a memorandum to initiate a process to coordinate, update and modernize the federal regulatory system governing...more

Changes Likely in Final Version of EPA's Clean Power Plan

EPA's rules regulating greenhouse gas emissions from power plants are expected to be finalized by the end of the summer. It has been nearly two years since the EPA unveiled its proposed greenhouse gas emissions standards...more

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

The Earth Once More Spins Calmly On Its Axis; EPA’s Updated Hex Chrome MACT Rule Is Affirmed

On Tuesday, the D.C. Circuit Court of Appeals affirmed EPA’s update of its hexavalent chromium MACT rule. Suffice it to say that this was a little easier than review of the power plant MACT rule....more

Community-Based P3 Programs for Integrated Green Stormwater Infrastructure

Partnerships between the public and private sector can help improve and sustain the ability of local governments to design, construct, finance, operate and maintain various infrastructure. ...more

EPA Issues Draft GHG Analysis For Cottonseed Oil Feedstock In Biofuels

EPA is inviting public comment on its analysis of greenhouse gas (GHG) emissions from the production and transport of cottonseed oil feedstock used in the production of biofuels. The Federal Register notice also provides an...more

Orrick's Policyholder Insider Quarterly

Five Lessons Health Care Companies Should Learn From Cyberattacks - The American health care industry is under attack by sophisticated hackers seeking access to electronic medical records. Since January, three health...more

20th Annual Presidential Green Chemistry Challenge Awards Highlight Biomass- And Waste-To-Resource Technologies

On July 13, 2015, the U.S. Environmental Protection Agency (EPA) announced the winners of the 20th Annual Presidential Green Chemistry Challenge Awards (PGCCA) and honored them at a ceremony at the National Academy of...more

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