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

The State of Fracking

Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more

Trade & Manufacturing Alert - April 2014 (#2)

In This Issue: - Downturn in Chinese Economy May Be Triggering An Export Surge - EPA Issues Guidance On American Iron And Steel Requirement For $2.4 Billion In FY 2014 Clean Water And Drinking Water State...more

EPA Issues Proposed Rule Interpreting Jurisdictional Reach of Clean Water Act: Deadline for Comments on the Proposed Rule is July...

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more

New Clean Air Act Decision Could Spell Trouble for Defendants in Citizen Suits

On April 18, 2014, the D.C. Circuit issued its decision in Natural Resources Defense Council v. Environmental Protection Agency et al., No. 10-1371 (Apr. 18, 2014), a case challenging new EPA emissions standards that govern...more

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

API And AFPM Have Asked For A Hold On Challenge To 2013 RFS

On April 11, 2014, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers (AFPM) petitioned the U.S. Court of Appeals for the District of Columbia Circuit to place a hold on their challenge to...more

EPA Releases 2014-2018 Strategic Plan

On April 10, 2014, the U.S. Environmental Protection Agency (EPA) released its strategic plan through 2018. A copy of the plan is available online. It includes statements by EPA reinforcing its commitment to enhancing...more

Petroleum Groups Want Biodiesel “Loophole” Closed In RIN Quality Assurance Rule

API, AFPM, and ExxonMobil urged EPA and the Office of Management and Budget (OMB) to eliminate the ability of biodiesel producers to sever RINs from batches of fuels produced as part of an upcoming final rule establishing a...more

Proposed Rule Expands Scope Of Waters Covered By Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers jointly proposed a new rule to clarify the scope of waters subject to the Clean Water Act. The proposed rule redefines the meaning...more

EPA Proposes Rule to Clarify CWA Jurisdiction

On March 25th, EPA released a draft of the long-awaited and highly-anticipated rule intended to clarify the scope of the Federal Clean Water Act (“CWA”). According to the EPA, the proposed rule does not expand the scope of...more

D.C. Circuit Upholds Most of Portland Cement MACT, Vacates “Unavoidable Malfunction” Defense

In a unanimous ruling issued on April 18, the D.C. Circuit largely upheld EPA regulations governing emissions of toxic air pollutants from Portland cement plants, while vacating a provision that created an affirmative defense...more

Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking...

In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the...more

D.C. Circuit Affirms EPA’s Utility Air Toxics Rule: An “Appropriate” Rule Need Not Be Justified By Cost-Benefit Analysis

Yesterday, the D.C. Circuit Court of Appeals affirmed EPA’s rule setting limits for emissions of mercury and other air toxics from fossil-fuel-fired electric steam generating units. The focus of the decision – and the issue...more

EPA Will Consider Whether To Propose Ultrafine Particle Air Quality Standard

Recent comments by EPA officials suggest that the agency will consider whether it should, for the first time, set a standard for “ultrafine” particles when it reviews its particulate matter national ambient air quality...more

TSCA Reform: Do It Now, Or It May Never Be Done

Whatever window of opportunity exists to reform the Toxic Substances Control Act is closing. This is not only because the mid-term elections are fast approaching, or that there are too few legislative days left this session,...more

Wrap-up of Federal Chemical Regulatory Developments for April 2014

EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the...more

Energy & Environment Update

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency - Government Accountability Office -...more

D.C. Circuit Upholds Power Plant Mercury and Air Toxics Standards

The D.C. Circuit has upheld a 2012 EPA rule limiting air toxics emissions from coal- and oil-fired power plants. The rule, commonly known as the Mercury and Air Toxics Standards, or “MATS,” requires new and existing coal-...more

Enforcement of Municipal Stormwater Ordinances Is Tricky Business: Failure to Enforce an Ordinance Required Under a Permit Is Not...

Stormwater pollution has become an increasingly important problem. Part of the difficulty in solving it is that it’s not obvious who should be responsible. Should cash-strapped municipalities be on the hook or should it be...more

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

Senate Agriculture Committee Holds Hearing On Advanced Biofuels

On April 8, 2014, the Senate Committee on Agriculture, Nutrition and Forestry held a hearing on "Advanced Biofuels: Creating Jobs and Lower Prices at the Pump." The following witnesses testified at the hearing...more

Court Hears Challenges To EPA’s 2013 RFS Rule

On April 7, 2014, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in Monroe Energy, LLC v. EPA (No. 13-1265). In the case, Monroe Energy, a subsidiary of Delta Airlines, the American...more

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