Latest Publications


States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

EPA Adjusts For Inflation The Maximum Civil Penalties For Violations Of Environmental Statutes

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018. The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

California Passes the Cleaning Product Right to Know Act

Seyfarth Synopsis: The Cleaning Product Right to Know Act makes California the first state to require ingredient labeling both on product labels and online for consumer cleaning products....more

Time is Running Out to Plan for Your Company’s Compliance With New ISO 14001 EMS Standards

The new ISO standard brings significant change that will require considerable time and thought to implement. Due to the timing, the strategy should focus on implementing the EMS to address the greatest “gaps” and developing...more

EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule

Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more

EPA Task Force Report to Revitalize the Superfund Program

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more

EPA and Army Corps of Engineers Propose to Rescind Obama Era Rule Redefining “Waters of the United States”

Seyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to...more

DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs

Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more

EPA Adopts the Dental Amalgam Rules

Seyfarth Synopsis: In another rule aimed at small business, the EPA has just issued a rule for Effluent Limitations Guidelines and Standards for the Dental Category. The rule will add more federal compliance costs to already...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Big Changes Coming – EPA Publishes its Hazardous Waste Generator Improvements Rule

Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will...more

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

EPA Updates and Republishes SmartWay Freight Transportation Sustainability Program

Seyfarth Synopsis: For companies in the freight industry, if sustainability is important at your company or to its board of directors, then you may wish to investigate the EPA’s updated Smartway program, with its new...more

Maximum Civil Penalties for Violations of Environmental Statutes are now Significantly Higher After Inflation Adjustment

Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts. In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

Does the Supreme Court’s ruling in Spokeo v. Robins Change the Standing Requirements for Pursuing Environmental Citizen Suit...

Seyfarth Synopsis: U.S. Supreme Court: mere violation of a statute creating a private right of action is not itself sufficient to satisfy the standing requirement under Article III’s “case or controversy.” To establish...more

FTC Asks – Are Your “All Natural” Claims All Accurate?

Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement. The Federal Trade Commission announced five cases this week with companies that market their products as “all...more

U.S. EPA To Require Stronger Chemical Safety Regulation

Long awaited proposed regulations were published for notice and comment on March 14, 2016 (81 Fed. Reg. 13638) by the U.S. Environmental Protection Agency to strengthen its Risk Management Program (RMP), 40 C.F.R. Part 68....more

EPA Plans to Ease Path to Superfund Listing: Vapor Intrusion Component to be Added to the Hazardous Ranking System

The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to...more

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more

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