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Environmental Notes - May 2018

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

New Appointments Made at Virginia DEQ

Governor Ralph Northam has reappointed David K. Paylor to serve as Director of the Virginia Department of Environmental Quality. Mr. Paylor was first appointed Director by Governor Timothy Kaine in 2006. ...more

DOJ/EPA Memos Change Enforcement Policies

Three memoranda, two issued by the United States Department of Justice (“DOJ”) and one issued by EPA, mark a significant shift in how the federal government approaches civil and criminal enforcement for violations of...more

Environmental Notes - March 2018

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups...more

EPA Seeks Greater Autonomy for State Environmental Programs

EPA has released its strategic plan for fiscal years 2018 to 2022 describing its top goals and priorities. One goal is to provide states with greater autonomy in implementing federal environmental laws....more

Top Ten Hazardous Waste Mistakes

We see it time and again: violations of hazardous waste regulations occur because employees are not aware of requirements, don’t understand them or, worse, cut corners. Here are our top ten hazardous waste mistakes you don’t...more

Environmental Notes - July 2017

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more

EPA Administrator Makes Streamlining Superfund a Priority

EPA Administrator Scott Pruitt believes that “Superfund cleanups take too long to start and too long to complete.” That’s the impetus behind a May 22, 2017 internal memo he issued regarding EPA’s Superfund program. ...more

Environmental Notes - May 2017

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Bye-Bye Clean Power Plan

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Environmental Notes - April 2017

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

Trump Seeks to Drown Clean Water Rule and Slash EPA’s Budget

Since the last edition of Environmental Notes, President Trump has taken two significant actions concerning the environment. First, he has begun the process to rescind or revise the Clean Water Rule, EPA’s regulation that...more

Environmental Notes - February 2017

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

Trump Issues Executive Orders; Environmental Groups Prepare to Oppose His Agenda

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

Trump Wins; Pruitt Nominated for EPA Administrator – What’s Next for Environmental Regulation?

There’s a new sheriff in town. Donald Trump’s election as President is likely to lead to significant changes in environmental regulation for American businesses. Some changes can (and will) take place very quickly, with the...more

Environmental Notes - November 2016

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

JLARC’S Virginia Water Resources Report Calls for Changes

Virginia’s Joint Legislative Audit and Review Commission (“JLARC”) is an entity created by the Virginia General Assembly to, among other things, assess the performance of state agencies and the programs they administer. In...more

D.C. Circuit Upholds Boiler MACT

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

Feds Renew Focus on Worker Safety and Individual Accountability

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

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