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EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

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

EPA Ends Enforcement Discretion Policy for COVID-19 Pandemic on August 31

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

EPA Promulgates Final Rule on Miscellaneous Organic Chemical Manufacturing NESHAP – Including Ethylene Oxide

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

EPA Proposes Rule to “Improve Transparency” of Agency Guidance Documents

Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) proposed rule would provide “procedures for developing and issuing guidance documents and to establish a petition process for public requests to modify or...more

EPA Adds PFAS to 313 Reporting for 2020

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

Joint CDC/EPA Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes

Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a...more

Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit

Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then...more

Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”

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

SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which...more

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

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

EPA Enforcement Discretion Policy for COVID-19 Pandemic

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

Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

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

President Issues Executive Orders on Guidance Documents and Transparency

Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more

EPA Proposes Revisions to Clarify New Source Review Permitting Process – Updating “Project Emissions Accounting”

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

Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines...

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

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing...

Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of...more

USEPA Determines Pollutant Releases To Groundwater From Point Source Do Not Require NPDES Permit

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

Still Business-Friendly Times – DOJ Limits The Use of Agency Guidance Documents In Civil Enforcement

Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a...more

EPA And Corps Of Engineers Propose New “Waters Of The United States” Definition

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

Supreme Court To Reconsider ‘Auer’ Deference

Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency’s interpretation of its own ambiguous regulation, taking up a challenge...more

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Chevron Deference Under Attack At State Level

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...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

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