As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order...more
The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump...more
Summary/Key Takeaways -
In recent years, federal policy on supplemental environmental projects (SEPs)—voluntary and environmentally beneficial projects resulting from negotiation between the government and an alleged...more
On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom...more
On February 8, 2021, the D.C. Circuit issued an order granting the Biden administration’s motion to stay litigation over Part 1 of the Trump-era Safer Affordable Fuel Efficient Vehicles (SAFE) Rule. The order was issued in...more
On November 23, 2020, EPA issued a prepublication notice regarding (i) the availability of EPA’s revised enforcement policy for vehicle and engine tampering and aftermarket defeat devices and (ii) EPA’s request for comment on...more
Five major automobile manufacturers – BMW of North America, Ford, Honda, Volkswagen Group of America, and Volvo – and the California Air Resources Board (CARB) recently entered into voluntary framework agreements to reduce...more
The Department of Justice (DOJ) Criminal Division recently issued updated guidance for white-collar prosecutors regarding the Evaluation of Corporate Compliance Programs ("Guidance"). The updated Guidance builds on updates...more
Key Takeaways -
• Regulatory Action: Vehicle fuel economy and greenhouse gas emissions standards will increase in stringency by 1.5 percent per year from Model Years (MY) 2021-2026, as compared to MY 2020 levels. But this...more
Earlier this month, a federal judge ruled that the hosts of the Discovery Channel’s Diesel Brothers show must pay more than $850,000 for violating the Clean Air Act’s (CAA) tampering and defeat device prohibitions. While U.S....more
On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more
The Department of Justice’s Environment and Natural Resources Division (ENRD) will no longer allow Supplemental Environmental Projects (SEPs) to be used in its civil settlements. In a 19-page memo dated March 12, 2020, ENRD...more
On September 18, 2019, President Trump announced on Twitter that his administration was “revoking California’s Federal Waiver on emissions in order to produce far less expensive cars for the consumer, while at the same time...more
In advance of the Trump Administration’s plans to move forward with less-restrictive standards for light duty vehicles, four major automakers have negotiated an agreement–in-principle with the California Air Resources Board...more
EPA’s Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) Susan Bodine recently issued a new policy document titled “Enhancing Effective Partnerships Between the EPA and the States in Civil...more
On June 7, 2019, the U.S. EPA Office of Enforcement and Compliance Assurance (OECA) finalized its National Compliance Initiatives (NCIs) for FY2020-FY2023. The NCIs represent EPA’s enforcement and compliance priorities. ...more
The Department of Justice (DOJ) Criminal Division recently issued updated guidance for white-collar prosecutors regarding the “Evaluation of Corporate Compliance Programs” (the “Guidance”). The Guidance is intended to...more
U.S. EPA Clean Air Act mobile source enforcement is on the upswing. Following a recent settlement with an aftermarket automotive parts manufacturer, Susan Bodine, Assistant Administrator for EPA’s Office of Enforcement and...more