News & Analysis as of

Environmental Protection Agency

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

U.S. Environmental Protection Agency Proposed Rule to Approve Arkansas Clean Air Act State Implementation Plan: November 20th...

The United States Environmental Protection Agency (“EPA”) issued a November 20th Federal Register Notice containing a proposed rule that would approve an Arkansas Clean Air Act State Implementation Plan (“SIP”). See 82 Fed....more

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

Cooling Towers: Not So Cool?

by Blank Rome LLP on

Anyone who has been in a tall building looking down on shorter buildings has seen the usual array of mechanical “boxes” with large spinning fans. Those “cooling towers” sit atop tens of thousands of buildings across the...more

AG Sessions Speaks. No More Guidance. Make It So.

Last week, Attorney General Sessions sent a memorandum prohibiting the use of guidance in place of notice and comment rulemaking “when purporting to create rights or obligations binding on members of the public or the...more

Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially Discarded by Court

by Williams Mullen on

EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more

Sue and Settle is Gone: EPA Administrator Revises EPA Litigation Policy

by Williams Mullen on

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental...more

EPA Seeks Greater Autonomy for State Environmental Programs

by Williams Mullen on

EPA has released its strategic plan for fiscal years 2018 to 2022 describing its top goals and priorities. One goal is to provide states with greater autonomy in implementing federal environmental laws....more

Deputy Assistant Administrator for EPA’s Office of Water Provides Environmental Policy Insights

by Williams Mullen on

Lee Forsgren was appointed Deputy Assistant Administrator for EPA’s Office of Water in July 2017. We recently had the opportunity to hear him speak to a trade group where he discussed EPA’s priorities under the Trump...more

Window on Washington - Vol. 1, Issue 35

by Clark Hill PLC on

Ryan Hints at Short-Term Spending Bill: Speaker Paul Ryan (R-Wis.) on Tuesday said Republicans might need a short-term spending bill to prevent a government shutdown on December 9. Ryan said the House GOP's goal is to pass a...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Environmental Citizen Suits —A Growing Trend Under the Trump Administration

by King & Spalding on

In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the waters of the United States rulemaking to the Clean Power Plan. He has also proposed...more

EPA Close To Issuing In Final 2018 And 2019 Renewable Fuel Standard Volumes

by Bergeson & Campbell, P.C. on

On October 31, 2017, the U.S. Environmental Protection Agency (EPA) sent its final rule to set the Renewable Fuel Standard (RFS) volumes for 2018 and 2019 to the U.S. Office of Management and Budget (OMB) for review. Under...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA)...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

2015 Ground-Level Ozone National Ambient Air Quality Standards: Arkansas Department of Environmental Quality Notes State-Wide...

The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more

Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas...

Jordan P. Wimpy undertook a presentation at the Arkansas Environmental Federation’s annual Convention and Trade Show titled: Variances Under the Clean Water Act – New Developments in the Use of an Old Tool...more

Opposing NPDES Delegation to Massachusetts Is So 20th Century

On November 14, 2017, the Boston Globe joined most local environmental organizations in opposing delegation of the NPDES program to Massachusetts. How wrong is this? Let me count the ways....more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

EPA Administrator Moves to End “Sue and Settle”

by K&L Gates LLP on

On October 16, EPA Administrator Scott Pruitt announced a Directive to address “sue and settle” concerns with new procedures allowing public participation prior to settling lawsuits challenging EPA actions. For states,...more

New Concerns for Companies That Import or Manufacture "Toxic" Chemicals

by Clark Hill PLC on

Inevitably, a change in Administrations leads to changes in policies and priorities of regulatory agencies. Most media coverage has focused on opposition to the Trump Administration's efforts to revise existing or proposed...more

Underground Storage Tanks/Airport Hydrant Systems: U.S. Environmental Protection Agency Addresses Question Regarding Aviation Fuel...

The United States Environmental Protection Agency (“EPA”) periodically updates a “Compendium” which addresses revisions to the Resource Conservation and Recovery Act, Subtitle I, Underground Storage Tank (“UST”)...more

California Environmental Law and Policy Update - November 2017 #2

by Allen Matkins on

Focus - Court invalidates South Coast Air District ozone rule - Los Angeles Times - Nov 8 - A Los Angeles County Superior Court judge has ruled that the South Coast Air Quality Management District board violated...more

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