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When Does an Idled Facility Become “New” Under the Clean Air Act?

The U.S. Court of Appeals for the Third Circuit recently rejected EPA’s application of its “Reactivation Policy” to a St. Croix, USVI refinery, finding that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD)...more

Biden Administration Seeks to Put Environmental Justice Into Action with an Earth Day Executive Order

From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more

EPA’s Environmental Justice Continues to Expand its Reach with the Issuance of Draft Action Plan for EPA’s Office of Land and...

On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more

Addressing Environmental Justice through EPA’s Enforcement Tools

The Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process. EPA’s Administrator Michael...more

The Biden Administration Environmental Rollbacks Reversals and Initiatives

It has been 50 days since Joseph R. Biden was sworn into office. His inauguration was soon followed by the swearing in of two Democratic Senators from Georgia with the result that, for the first time since 2010, there is a...more

Frozen! Delayed! Biden Administration to Review Environmental Regulations

Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Congressional Review Act – Too Many Priorities, Too Little Time

A unified Congress has the opportunity to reverse “midnight rules”– those regulations finalized in the waning days of the Trump administration - through use of its review powers under the 1996 Congressional Review Act, 5...more

U.S. EPA Issues Temporary Enforcement Policy to Address COVID-19 Pandemic Impacts

The United States Environmental Protection Agency (EPA) recognizes that work shortages, stay-in-place orders, travel restrictions, social distancing recommendations caused by the COVID-19 pandemic will have an impact on...more

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