Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more
Seyfarth Synopsis: On June 29, 2020, U.S. Environmental Protection Agency (EPA) issued a memorandum regarding termination of the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020 as the termination date...more
Seyfarth Synopsis: Last week, the U.S. Environmental Protection Agency (EPA or Agency) initiated the first phase of a two phased approach to address ethylene oxide (EtO) emissions, announcing final amendments to the...more
Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) announced its final rule to add per- and polyfluoroalkyl substances (PFAS) to the list of chemicals required to be reported annually under the EPCRA Section...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of...more
4/21/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more
4/16/2020
/ CERCLA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Force Majeure Clause ,
RCRA ,
Relief Measures ,
Superfund ,
Toxic Substances Control Act (TSCA)
Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of...more
10/24/2019
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution...more
Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’...more
12/21/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
2/14/2018
/ Administrative Procedure Act ,
Applicability Date ,
Clean Water Act ,
Due Process ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Inland Waterways ,
National Wildlife Foundation ,
Navigable Waters ,
NRDC ,
State and Local Government ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
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
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
11/28/2017
/ Agricultural Land ,
Applicability Date ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Farms ,
Obama Administration ,
Regulatory Oversight ,
Tribal Lands ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
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
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
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
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more
11/15/2016
/ Clean Power Plan ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Land ,
Fracking ,
Greenhouse Gas Emissions ,
Groundwater ,
Mineral Leases ,
Moratorium ,
National Enforcement Initiatives (NEIs) ,
Offshore Drilling ,
Paris Agreement ,
Presidential Elections ,
Renewable Energy ,
Repeal ,
Stream Protection Rule ,
Supreme Court Appointments ,
Trump Administration ,
Waters of the United States