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

EPA Lowers the Ozone Standard to 70 PPB: Industry Isn’t Happy, But It Should Be

On October 1, 2015, EPA finally released its final rule revising the ozone NAAQS to 70 ppb. I do not spend much time peering into a crystal ball, but I will go out on a limb and say that the industry challenges to the rule...more

A Brief Rant on Cost-Effectiveness Analysis

On September 29, 2015, I posted about the 3rd Circuit’s decision to remand EPA’s approval of Pennsylvania’s regional haze SIP. Although I think that the decision was important and largely unobjectionable, it did get one...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

EPA Issues New Rule to Protect Farmworkers from Pesticide Risks

Against a backdrop of higher-profile rules, the Environmental Protection Agency (EPA) unveiled a new Worker Protection Standard (WPS) on September 28 that imposes additional requirements on farm owners to protect farmworkers...more

EPA Proposes New Methane and VOC Emissions Limits

Proposed new limits, intended to combat global warming, potentially affect numerous oil and gas operations. On September 18, 2015, the United States Environmental Protection Agency (EPA) proposed new limits on emissions...more

Record Review Means That EPA Must Refer To the Record: The Third Circuit Remands EPA’s Approval of the Pennsylvania Regional Haze...

On Tuesday, the 3rd Circuit Court of Appeals remanded EPA’s approval of Pennsylvania’s regional haze SIP. The decision is a must-read for practitioners. It decides some important issues and provides important reminders for...more

Energy & Environment Update - September 2015 #4

ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more

How Can the Automotive Industry Strengthen Its Regulatory Compliance Process and Reduce Its Compliance Risks?

Many Americans listened last week to the admissions by the now former President of Volkswagen that the company had been “dishonest” and had cheated on the U.S. emissions tests. How was this happening at the world’s #1...more

EPA Releases Final Clean Water Act Electronic Reporting Rule

The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities....more

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions (Updated)"

On August 3, 2015, the U.S. Environmental Protection Agency issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide emission guidelines for existing affected electric utility generating...more

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

EPA Proposes Changes To RCRA Hazardous Waste Export And Import Regulations

Prompted by a 2013 Commission for Environmental Cooperation (CEC) report on hazardous waste exports from the U.S. and changes to the 2001 Organization for Economic Cooperation and Development’s (OECD) Council Decision for...more

The VW Scandal: Insular Senior Management and Ethical Breakdowns

The Volkswagen scandal will be studied for years. One of many themes from the Volkswagen scandal will rest on the complete absence of any commitment to corporate governance. Volkswagen’s weird corporate structure (it is owned...more

Can EPA Keep Winning By Losing? Another Court Remands An EPA Rule Without Vacatur

Last Wednesday, the D.C. Circuit Court of Appeals remanded EPA’s rule exempting stationary engines that operate up to 50 hours per year to supply non-emergency service to power providers from the EPA NESHAP for reciprocating...more

Biofuel CEOs Send Letter To President Obama Over EPA RFS Proposal

On September 16, 2015, 23 biofuel executives sent a letter to President Obama regarding the U.S. Environmental Protection Agency's (EPA) Renewable Fuel Standard (RFS) volume requirement proposal. The revised RFS allows...more

California Environmental Law & Policy Update - September 2015 #4

Environmental and Policy Focus - Volkswagen says 11 million cars may be involved in emissions scandal; probes multiply: Reuters - Sep 23: Volkswagen AG said a scandal over falsified U.S. vehicle emission tests could...more

Don’t Flush the Drugs! The EPA is Coming!

The Environmental Protection Agency (EPA) recently issued a pre-publication Proposed Rule (40 C.F.R. part 266, subpart P) regulating the management and disposal of drugs deemed “hazardous waste pharmaceuticals” by healthcare...more

Vermonters Sue Volkswagen Over Emissions Testing Deceit

Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions...more

Fireworks for Animal Drug Compounding at ACI’s Inaugural Animal Health and Veterinary Drugs and Therapeutics Conference-Part Two...

The second day began with a deep dive into the development of advanced biological drugs for animal use. David Brake, Ph.D., Founder and Principal, BioQuest Associates, LLC, helped explain the split between USDA and FDA...more

Fireworks for Animal Compounding and More at ACI’s Inaugural Animal Health and Veterinary Drugs and Therapeutics Conference-Part...

On September 10-11, the American Conference Institute (ACI) held its inaugural Animal Health and Veterinary Drugs and Therapeutics Conference in New York City. The Conference featured two workshops: a pre-conference overview...more

Aikens on Leadership and Culture

Ed. Note-The VW scandal is clearly much broader than simply corporate lying about environmental compliance. It is about an entire corporate culture that engaged in, tolerated or consciously disregarded the illegal behavior....more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - July 2015

A Note from the Editors - Our July edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Energy & Environment Update - September 2015 #3

Energy and Climate Debate - Congressional activities are abbreviated this week, with the observance of Yom Kippur and Pope Francis’ visit to the United States. Pope Francis will address a joint session of Congress...more

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