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 -

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

EPA Approves Use of Updated ASTM Phase I Standard for Forestland, Rural Property

by McGuireWoods LLP on

ASTM International on Jan. 3, 2017, updated its Phase I environmental site assessment standard for assessing large rural and forestland properties. This Standard Practice for Environmental Site Assessments: Phase I...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Modernizing the Superfund Cleanup Program: January 18th U.S. House of Representatives Subcommittee on Environment Hearing...

The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more

Window on Washington - Vol. 2, Issue 2

by Clark Hill PLC on

Shutdown Watch: 4 Days. The government will run out of money on Friday if it does not pass another short-term spending bill. Last week it looked like Congress was close to negotiating a short-term continuing resolution that...more

EPA Adjusts Civil Monetary Penalty Amounts for 2018

by Bergeson & Campbell, P.C. on

On January 10, 2018, the U.S. Environmental Protection Agency (EPA) issued its final rule to adjust the level of statutory civil monetary penalty amounts under the statutes that EPA administers, including the Federal...more

Energy Newsletter - January 2018

by King & Spalding on

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

Food and Beverage News and Trends

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Inspector general criticizes FDA food recall procedures - On December 26,...more

Ozone Nonattainment in Wisconsin

by Foley & Lardner LLP on

Just before the holiday break, U.S. EPA announced the potential return to “nonattainment ozone status” for a number of locations in the United States, including portions of eastern and southeastern Wisconsin. After achieving...more

EPA Adjusts For Inflation The Maximum Civil Penalties For Violations Of Environmental Statutes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018. The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

Ninth Circuit Grants Petition for Writ of Mandamus and Orders EPA to Promptly Begin a Rulemaking to Reduce the Risk of Lead Paint...

On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit granted a petition seeking a writ of mandamus to compel the Environmental Protection Agency (EPA) to promptly commence and conclude a long-promised...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Clare Kindall Declares Candidacy for Connecticut Attorney General- Democrat Clare Kindall, an Assistant AG at the Connecticut AG’s office, announced her bid for Connecticut AG in 2018. ...more

EPA Deletes Several Superfund Sites from the NPL and Targets More in 2018 and Beyond

by Miles & Stockbridge P.C. on

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more

Montana Supreme Court: Montana Common Law Restoration Claim is Not Preempted by an Ongoing CERCLA Cleanup

On December 29, 2017, the Montana Supreme Court decided an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund, case involving the application of Montana state law...more

Trump’s Busy Year on Energy and the Environment

by Kelley Drye & Warren LLP on

During his first year in Washington, President Trump made his mark on energy and environmental issues by issuing executive orders (EOs), proclamations, and presidential memoranda. Seeking to undo regulations enacted during...more

Buffalo River Watershed-Based Management Plan: Arkansas Natural Resources Commission Issues Draft

The Arkansas Natural Resources Commission (“ANRC”) issued a 622-page draft document titled: Buffalo River Watershed-Based Management Plan (“Management Plan”) ...more

Comprehensive Environmental Response, Compensation and Liability Act/Superfund Award: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

EPA Does Have a Duty to Update Its Lead Paint Standards: Cass Sunstein Agrees With Me

As a follow-up to my post last week about the 9th Circuit decision requiring EPA to propose new lead paint standards under TSCA within 90 days, I was encouraged to see Cass Sunstein support the decision in a BloombergView...more

EPA Scraps CERCLA Financial Responsibility Proposal

by King & Spalding on

On December 1, 2017, the United States Environmental Protection Agency (“EPA”) signed a final rule informing the public of its decision not to issue financial responsibility regulations applicable to hardrock mining...more

Air Enforcement: U.S. Environmental Protection Agency and Haverhill, Massachusetts School Bus Facility Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Coppola Bus, Inc. (“CBI”) entered into a December 12th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Massachusetts Air...more

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