Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Consolidated Catfish Companies, LLC (“CCC”) entered into a December 18th Agreed Order addressing an alleged violation of a Clean Water Act National Pollutant...more
A United States District Court (“Court”) (D. Idaho) addressed in a February 27th Memorandum Decision and Order (“Memorandum”) an issue arising out of the United States Department of Justice (“DOJ”) charging an individual...more
The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more
The United States Environmental Protection Agency (“EPA”) issued a December 12th news release indicating it had entered into a Consent Agreement with Hamm Inc. (“HI”) addressing alleged violations of the Clean Air Act. ...more
The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...more
The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more
The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more
The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V...more
The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...more
Right on the heels of the eye-popping $408 million settlement between a major commercial sterilizer and plaintiffs claiming injuries resulting from exposure to ethylene oxide (EtO) emitted from the company’s Illinois facility...more
The United States Environmental Protection Agency (“EPA”) issued a document titled: Enforcement and Compliance Annual Results for Fiscal Year 2022 (“Report”)...more
The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more
In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the “major questions doctrine,” the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the...more
The U.S. Department of Justice (DOJ or the “Department”) made way for the return of supplemental environmental projects (SEPs) as a tool to settle violations of federal environmental laws while delivering environmental...more
In conjunction with the Biden administration’s renewed focus on environmental justice efforts, the Environmental Protection Agency (EPA) is stepping up its enforcement efforts by increasing facility inspections, thereby...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
On March 22, 2022, U.S. EPA released a new web tool designed to ensure that information regarding environmental violations and enforcement actions is more readily available to the public. The new tool, called ECHO Notify,...more
As one of 17 air districts in California, the San Diego Air Pollution Control District (SDAPCD) is responsible for the implementation and enforcement of a wide range of laws and regulations concerning air pollution within its...more
The United States Environmental Protection Agency (“EPA”) and Town of Arlington, Massachusetts (“Arlington”), entered into a January 19th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section...more
In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more
When it comes to enforcement initiatives, EPA’s priorities are clear. EPA’s National Enforcement Initiatives are announced on a three-year cycle, and EPA’s annual release of enforcement results is an extensive and in-depth...more
A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more