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

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

ML Strategies Energy and Environment Update: Week of 8/18/2014

ENERGY AND CLIMATE DEBATE - Congress is in recess for the remainder of August, but when it returns for just over two weeks in September, much of the focus will turn to crafting a continuing resolution to keep the...more

EPA Publishes Final 316(b) Rule: Flexibility for Generators Means Litigation By Environmental Groups

Last Friday, EPA finally published its § 316(b) rule in the Federal Register. As we noted in May, the rule is more significant for what it does not do – require closed cycle cooling – than for what it does....more

EPA Lays Out Its Vision for the Future of the RCRA Regulatory Program

Enacted in the bicentennial year of 1976, the Resource Conservation and Recovery Act (RCRA) is approaching its 40th anniversary. To celebrate this milestone, and to lay a path forward for the future of the RCRA program, EPA...more

Real Estate Group Newsletter

In this issue: - “United States Environmental Protection Agency Proposes Carbon Dioxide Emissions Limits for Existing Power Plants” - “New York Adopts Rule Allowing Parties to Agree to 'Accelerated...more

Group Of Senators Weigh In On Biogenic Carbon Regulations

On August 7, 2014, a group of nine Democratic Senators led by Senator Tom Harkin (D-IA) sent a letter to the EPA Administrator, Gina McCarthy, on the treatment of biogenic carbon emissions from stationary sources. The other...more

Wrap-Up of Federal and State Chemical Regulatory Developments (August 2014)

IARC Classifies Dichloromethane, Other Substances As Human Carcinogens: In June, an expert panel of the International Agency for Research on Cancer (IARC) concluded that dichloromethane, a chemical substance used to make...more

Virent Announces EPA Registration Of Its BioForm® Gasoline

On August 12, 2014, Virent announced that it has received fuel registration from EPA for its BioForm® gasoline in blends up to 45 percent. According to the company's press release, this registration means that the BioForm®...more

Energy & Environment Update - August 2014

In This Issue: - Environmental Protection Agency 111(d) Proposed Rule - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of...more

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver...more

EPA Outlines Options Under Consideration for Risk Management Program Modernization – Will the "Safety Case" Model Cross the Pond?

On July 31, 2014, the U.S. Environmental Protection Agency published a request for information (RFI) on changes the Agency is considering for its Risk Management Program (RMP) accident prevention regulations under section...more

EPA Extends 2013 RFS Compliance Deadline, Again

On July 31, 2014, EPA again extended the 2013 Renewable Fuel Standard (RFS) annual compliance reporting and attest engagement reporting deadlines for obligated parties under the law. The Agency issued a direct final rule...more

EPA Regulation of Greenhouse Gases

The United States Supreme Court ruled in June that the Environmental Protection Agency (EPA) must reduce its authority to regulate greenhouse gas emissions from stationary sources. The EPA tried to increase two of its permit...more

RFS Update: EPA Indefinitely Extends 2013 RFS Compliance Deadlines, Final 2014 RFS Still Awaited

As reported in a previous blog, EPA in June extended the compliance and attest engagement reporting deadlines for the 2013 Renewable Fuel Standard (RFS) to September 30, 2014 and January 30, 2015 (respectively). Today, EPA...more

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

How Much Deference Do States Get in Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much as You Thought

In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so “encased in a double layer of swaddling,” because both the EPA...more

Energy Newsletter - August 2014

In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more

California Environmental Law and Policy Update - August 2014

Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...more

10th Circuit Limits ESA Consultation Obligations To Boundaries Of The Agency Action

This past week, the 10th Circuit held that the Environmental Protection Agency (EPA) had no obligation to engage in consultation pursuant to Section 7 of the Endangered Species Act (ESA) where the potential effects on...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of...more

The Slow Grind of Justice for EPA's Carbon Emissions Regulations

It was inevitable that EPA's Clean Power Plan, regulating carbon emissions from existing power plants was going to generate law suits. Even if the suits are ultimately unsuccessful, an injunction against the Plan's adoption...more

EPA Looks to Reduce Methane Emissions from Landfills

As part of President Obama’s Climate Action Plan, the EPA is proposing to require certain landfills to capture extra landfill gas in order to decrease methane emissions. Methane is a strong greenhouse gas, its global...more

Current Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay

An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold...more

EPA Holds Listening Sessions On Carbon Proposal

The U.S. Environmental Protection Agency (EPA) held its first "listening sessions" this week on its controversial proposed rule to reduce carbon dioxide at existing power plants. BRAG has previously reported on the proposed...more

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