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New EPA Rule Mandates Worst Case Discharge Response Plans for Facilities Handling Hazardous Substances

On March 14, 2024, Environmental Protection Agency (EPA) Administrator Michael Regan signed a final rule requiring a broad swath of facilities to develop response plans (FRP) for a worst-case discharge of Clean Water Act...more

EPA’s New Proposed Air Emissions Reporting Rule: More Companies Covered, More Emissions to Report, More Often

On August 9, 2023, the U.S. Environmental Protection Agency (EPA) published its proposed updated Air Emissions Reporting Rule (Updated AERR). The comment period for the AERR closes on October 18, 2023, and EPA expects to...more

What You Need to Know About U.S. EPA’s New Federal Enforcement Priorities

U.S. Environmental Protection Agency (EPA) recently announced its federal enforcement priorities for 2024 to 2027. U.S. EPA selects its National Enforcement and Compliance Initiatives every four years to prioritize resources...more

Department of Justice Launches New Environmental Justice Initiatives

The Department of Justice (DOJ), in coordination with the U.S. Environmental Protection Agency (EPA), has launched three new initiatives in its continuing efforts to prioritize environmental justice (EJ) policies. On May 5,...more

Title VI Civil Rights Act Complaint

The Biden administration has made Environmental Justice a key component of its overall environmental agenda. EPA highlights EJ and civil rights in its draft strategic plan noting it will place a focus on “justice, equity, and...more

EPA Proposes First Hazardous Substance Designation for Two PFAS Chemicals

The Environmental Protection Agency (EPA) is kicking off 2022 — a year expected to be particularly active for the regulation of per- and poly-fluoroalkyl substances (PFAS) — by moving forward with one of the agency’s keystone...more

USEPA Adds Enforcement Teeth to Promote Environmental Justice, Next Gen Compliance

While the Biden administration has struggled to expeditiously implement carbon reduction and sustainability goals, the United States Environmental Protection Agency (USEPA) continues to move the needle on a number of notable...more

Indiana Repeals State Wetlands Law

In April 2021, Governor Eric Holcomb signed S.B. 389, repealing the majority of Indiana’s state-regulated wetlands law. The repeal was met with bipartisan opposition, arguing that reduced wetland regulation may negatively...more

Obama EPA Rules for Water Infrastructure Subsidies Survive Freeze as Deadline for Application Looms

In the waning days of the Obama administration, the Environmental Protection Agency (EPA) issued a set of rules and notices to establish long-term, low-cost credit assistance to creditworthy water and wastewater projects....more

EPA Proposes to Ban Certain Uses of TCE Under TSCA

The U.S. Environmental Protection Agency (EPA) will issue a proposed rule to ban the use of trichloroethylene (TCE) as an aerosol degreaser and a spot removal agent in dry cleaning. This announcement, made on December 7,...more

The EPA Reveals National Enforcement Initiatives Ahead of 2016 Election

If you thought you had to wait until after the 2016 election to learn about the Environmental Protection Agency’s (EPA) next iteration of National Enforcement Initiatives—think again. The EPA has announced that, as of Oct. 1,...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

Upcoming Repeal Will Shorten Environmental To-Do List for Indiana Property Sellers

Soon, sellers of real property in Indiana can cross off one requirement from their closing checklist. On July 1, 2014 the law repealing the Indiana Responsible Property Transfer Law (IRPTL) becomes effective, which will...more

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