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A Deeper Dive into CCR Impoundments: EPA’s Long-Awaited Demonstration Determinations

In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more

Shiny, Happy NEPA: How the Administration Plans to Make NEPA More User-Friendly

On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

Don’t Just Investigate; Promulgate! Court Orders Chemical Safety Board to Produce Chemical Reporting Requirements

• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more

EPA Proposes Rollback to 2016 Methane Rule

On September 11, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to amend various provisions of a key Obama-era regulation that sought to reduce methane emissions from oil and natural gas...more

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

EPA Delivers on Promise to Delay Risk Management Plant Requirements for Chemical Plants and Refineries

On June 12, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced another extension to the effective date of the Obama-era rule amending federal Risk Management Program (RMP) requirements for...more

Dumping Medicine: Make Sure Pharmaceutical Wastes Aren’t Left Behind By Regulatory Reform

Regulatory reform has dominated the Trump administration’s environmental policy agenda to date, fueled by Executive Orders requiring agencies to identify unnecessary regulations for revision or outright rescission, and to...more

EPA and Other Agencies to Seek Comment on Ways to Improve “Efficiency, Effectiveness and Accountability"

President Trump has given executive branch agencies 180 days to conduct an internal review and to propose, with input from public stakeholders, reorganization plans to “improve the efficiency, effectiveness, and...more

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