On December 2, 1970, the United States Environmental Protection Agency opened its doors for the first time. The new agency, created by the Executive Order of President Nixon, was cobbled together from bits and pieces of...more
Since 1996, federal agencies have been required to review and adjust their statutory civil monetary penalties for inflation under the Federal Civil Penalties Inflation Adjustment Act. Initially, these adjustments were made...more
Under newly finalized rule, the U.S. Environmental Protection Agency (EPA) would be required to uniformly document the benefit-cost analysis (BCA) for all significant rulemakings under the Clean Air Act (CAA). The final rule,...more
While the Election Day Week drama will likely continue to unfold in battleground state courtrooms for the foreseeable future, major news outlets have projected President-Elect Joe Biden as the winner of the 2020 Presidential...more
Beginning in March 2020, many state environmental regulators, including those in South Carolina, announced temporary policies or compliance assistance efforts intended to assist regulated businesses that might experience...more
The White House Council on Environmental Quality (CEQ) this week finalized updates to the regulations under the National Environmental Policy Act (NEPA ). The Trump administration has made NEPA reform a centerpiece of its...more
The silence you are hearing is no one being surprised.
The limits of the phrase “waters of the United States” within the Clean Water Act (CWA) have been the subject of conflicting, confusing, and often divergent case law...more
On June 29, 2020, the United States Environmental Protection Agency (“EPA”) released an addendum to its previously announced COVID-19 Enforcement Policy, effectively setting a termination date of August 31, 2020, for the...more
In communications with stakeholders on March 26, 2020, the South Carolina Department of Health and Environmental Control (“DHEC”) acknowledged the unprecedented circumstances surrounding the COVID-19 pandemic, and the related...more