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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

EPA Signals Changes to Clean Air Act Accidental Release Program

by King & Spalding on

There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more

How to Get Out of EPA Hot Water Penalty Free

To disclose or not to disclose, that is the question. Although self-disclosure will bring the matter to the Environmental Protection Agency’s attention, it is a great mechanism for reducing penalties for any enforcement...more

Waste Imports/Exports: U.S. Environmental Protection Agency Notice/Request for Comment Addressing Freedom of Information Act

The United States Environmental Protection Agency (“EPA”) issued a February 27th Federal Register Notice and Request for Comment describing Freedom of Information Act (“FOIA”) requests that the agency states it periodically...more

Shareholder Activism on Climate Is Only Going to Increase

While EPA continues to go backwards on climate, evidence continues to mount that investors are only going to get more aggressive. There were two developments worth noting this month. First, Bloomberg Markets reported that...more

U.S. Environmental Protection Agency Administrator E. Scott Pruitt Addresses Consent Decrees/Settlement Agreements: October 16th...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement...more

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

by Williams Mullen on

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information...more

Protections afforded to Massachusetts' ancient burial grounds

by Charles E. Rounds, Jr. on

See Charles E. Rounds, Jr., Protections Afforded to Massachusetts’ Ancient Burial Grounds, 73 Massachusetts Law Review176 (1988). Here is an external link to the article:...more

Disclosing Violations to EPA in a Digital Age

by Robinson & Cole LLP on

Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more

Five Years in the Making: Improved Safety for Offshore Oil and Gas Development

by Beveridge & Diamond PC on

Sometimes new regulations come out of nowhere. And sometimes it is just a matter of time. Last week’s unveiling of the Bureau of Safety and Environmental Enforcement’s (“BSEE”) offshore blowout preventer and well control...more

Environmental Appeals Board Vacates Penalties for TSCA Section 8(e) Violations

by Beveridge & Diamond PC on

The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

Minor Problems In Environmental Impact Report Are Not Prejudicial Defects

A recent appellate case addressed the issue of minor problems and deficiencies in an Environmental Impact Report (“EIR”) and whether they were prejudicial errors that amounted to defects in the approval process required for a...more

Five Steps to Take When an EPA Inspector Knocks

by Michael Volkov on

A question I often am asked is “What can and should our company do when it receives an information request from EPA or an EPA inspector shows up unannounced at one of our facilities?” This is an excellent question in light...more

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

City of Los Angeles Moves Forward With Farmers Field, Challenges Loom

What does pro football in the City of Los Angeles have to do with affordable housing? According to a coalition of community activists, the decision to build a stadium in downtown LA for an NFL franchise “would create a...more

Energy Industry Updates for October 2012

by Foley & Lardner LLP on

In This Issue: - FERC Approves First Commercial Wave Energy Project - Benefit Corporation Legal Structure Utilized by Companies Focused on Renewable Energy - Massachusetts Provides Additional Policy Support for...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Department of Interior Streamlining Utility Scale Solar in Western States

Federal agencies in Washington D.C.and the State of California have been concurrently developing plans to allow development and permitting of utility scale solar energy plants on public lands. The US Department of the...more

AB 32 and Cap and Trade Design Basics

by Reed Smith on

California, the world’s fifth-largest economy and 18th in total carbon emissions if it were a separate country1, is rapidly moving forward with the development of its cap and trade program scheduled to be implemented in 2013....more

U.S. Tax Proposals to Help the Renewable Energy Industry

by Dechert LLP on

A variety of tax proposals are now under consideration in the U.S. that, if enacted, could help to stimulate investment in U.S. renewable energy projects. One proposal would expand the beneficial tax attributes of...more

Natural gas encourages industrial and large commercial end-users to revisit their operational plans

Natural gas is easily one of the most important areas of energy-related matters in the United States. In this video, McNees attorney James P. Dougherty provides an overview of Marcellus Shale and its significance in the...more

Washington State Passes Legislation Authorizing Social Purpose Corporations: Bill to Permit Corporations to Seek Social,...

by K&L Gates LLP on

Washington Governor Christine Gregoire signed into law SHB 2239, a bill amending the Washington Business Corporation Act (“WBCA”) to authorize the use of social purpose corporations, effective June 7, 2012. Washington follows...more

The California Supreme Court Takes on the Eternal Question: Paper or Plastic?

by Allen Matkins on

The Court answered two questions in its ruling: (1) a corporate entity is not subject to a heightened standard in determining whether it has "standing" to bring a lawsuit under CEQA; and (2) the City of Manhattan Beach was...more

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