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Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal...more

EPA Issues Enforcement Alert Targeting BWON and QQQ Noncompliance at Refineries and Chemical Manufacturers

The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene...more

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific...more

D.C. Circuit Vacates Key Element in HFC Rules under AIM Act

A new D.C. Circuit opinion addressed the limits of non-delegation doctrine, upheld the U.S. Environmental Protection Agency’s (EPA) authority to regulate HFC/HFO blends, and struck down the agency’s authority to enact...more

EPA Forges Ahead on EO Actions without Completing Review of the Controversial IRIS Value or Its Use in Rulemaking

Key Takeaways - • Ethylene Oxide (EO) remains a high priority for the Biden Environmental Protection Agency (EPA) from both a risk and an environmental justice standpoint. Expect that spotlight to continue next year and...more

Litigation Risk to Ethylene Oxide Emitters Could Increase Under Biden Administration

Key Takeaways - • What: The U.S. Environmental Protection Agency (EPA)’s scientific work on ethylene oxide (EO) has been central to the basis of claims in recent toxic tort suits based on EO exposures; the Biden...more

EPA Publishes MON RTR, But Delays Responding to Comments on Its Controversial Risk Assessment for Ethylene Oxide

On August 12, the United States Environmental Protection Agency (EPA) published the final “residual risk and technology” (RTR) rule for the Miscellaneous Organic Chemical Manufacturing (MON) source category (Final Rule or MON...more

EPA Finalizes National Compliance Initiatives for FY2020-FY2023

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

EPA Proposes New Clean Air Act Standards for Methane and VOC Emissions by the Oil and Natural Gas Sector

The U.S. Environmental Protection Agency (“EPA”) has released the text of a draft proposed rule that seeks to amend the new source performance standards (“NSPS”) addressing methane and volatile organic compounds (“VOC”) from...more

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