News & Analysis as of

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 -

Researchers Complete First EPA-Sanctioned GE Algae Field Trial

by Bergeson & Campbell, P.C. on

Researchers at the University of California San Diego (UCSD) and Sapphire Energy completed the first EPA-sanctioned outdoor field trial for GE algae, which was focused on understanding how GE algae perform in outdoor...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

Eyes on Washington: FY 2018 Budget Request

by Holland & Knight LLP on

The Trump Administration on May 23, 2017, released a full budget blueprint for FY 2018, titled A New Foundation for American Greatness. The full FY 2018 budget proposal is based on the March 2017 "skinny" budget outline. The...more

EPA to Delay Agricultural WPS Indefinitely; Cites Issues with Guidance and Training

by Bergeson & Campbell, P.C. on

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by...more

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

by Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16,...more

North Dakota’s UIC Class VI Primacy Wait is Almost Over

by Stoel Rives LLP on

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing...more

SEMI Will Host Webcast on New TSCA Requirements for Nanoscale Materials

by Bergeson & Campbell, P.C. on

On June 1, 2017, in concert with industry partners, SEMI will host an information-sharing webcast concerning the new regulatory requirements for nanoscale materials under the Toxic Substances Control Act (TSCA). Jim Alwood,...more

Senators Send SEC, EPA, Letter On Renewable Fuel Credit Market

by Bergeson & Campbell, P.C. on

On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the...more

EPA Centralizes CERCLA Remedy Selection Authority

by WilmerHale on

Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...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

D.C. Circuit Strikes Down CERCLA Reporting Exemptions for Animal Feeding Operations

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit has invalidated EPA’s 2008 rule exempting animal feeding operations (AFOs) from certain federal, state and local hazardous substance reporting...more

EPA Issues New Contaminated Sediments Guidance

by Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

Revised MACT Standards Coming for 13 HAP Sources

by Williams Mullen on

The United States District Court for the District of Columbia recently ordered EPA to update the maximum achievable control technology (MACT) emission standards for 13 sources of hazardous air pollutants (HAPs). The order was...more

EPA Proposes Further Delay of Revised RMP Rule

by Williams Mullen on

As we reported in the April issue of Environmental Notes, the Trump administration issued a final rule on March 16, 2017 that delayed the effective date of regulations making significant changes to requirements applicable to...more

Scott Pruitt Just Solved All of the Problems with Superfund. Not.

Last week, EPA Administrator Pruitt issued a memorandum requiring that all Superfund remedies estimated to cost at least $50 million be approved by the Administrator. I’m not optimistic that this will cure, or even...more

Bye-Bye Clean Power Plan

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

EPA Seeks Comment on Draft Guidance for Nanoscale Materials Reporting Rule

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section...more

EPA Will Publish Draft Guidance for Reporting Nanoscale Materials for Comment

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Lynn L. Bergeson, Environmental Quality Management, Winter 2016: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law substantially...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

EPA Delays Effective Date of TSCA Section 8(a) Rule Concerning Nanoscale Materials

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published on May 12, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA) Section 8(a)...more

Are New On-Highway, Heavy-Duty Diesel NOx Standards Down the Road?

by Latham & Watkins LLP on

The heavy-duty industry should monitor California developments - Key Points: ..The Obama EPA initiated new rulemaking to further reduce NOx emissions from on-highway, heavy-duty diesel engines and vehicles. ..The...more

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

by Nossaman LLP on

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

EPA Retracts CERCLA Remedy Selection Authority from Regional Offices for Remedies that Exceed $50 Million

by Beveridge & Diamond PC on

On May 9, 2017, EPA Administrator Scott Pruitt issued two new delegations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) that limit to the Administrator (and possibly the...more

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