News & Analysis as of

Environmental Protection Agency (EPA) Delays

Wiley Rein LLP

EPA Delays Start Date for PFAS Reporting Under TSCA Section 8(a)(7), While Mandatory PFAS Reporting in Canada Is Still Ongoing

Wiley Rein LLP on

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule with a parallel proposed rule to delay the reporting period for the October 2023 final rule that...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

Foley Hoag LLP - Environmental Law

Broken Record Department; EPA Loses Another Delay Case

On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA’s 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons. Because EPA did...more

Akin Gump Strauss Hauer & Feld LLP

What's New In Washington - September 2018

Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more

Akin Gump Strauss Hauer & Feld LLP

Alive, for Now: D.C. Circuit Restores Obama-era Risk Management Plan Amendments

On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more

Holland & Hart LLP

Legal Quagmire Over WOTUS Persists

Holland & Hart LLP on

More than three years after the August 2015 effective date of the Obama-era Waters of the United States rule ("WOTUS Rule"), the regulated community is no closer to clarity regarding which waters qualify for protection under...more

Akin Gump Strauss Hauer & Feld LLP

Stay or Go: D.C. Circuit Halts EPA’s Stay of Obama-era Risk Management Plan Amendments

On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chemical Disaster Rule: U.S. Court of Appeals for the D.C. Circuit Addresses EPA Authority to Conduct Reconsideration Proceedings

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in an August 17th opinion whether the United States Environmental Protection Agency (“EPA”) had the authority to delay the...more

King & Spalding

D.C. Circuit Vacates Risk Management Program Delay Rule

King & Spalding on

On August 17, 2018, the U.S. Court of Appeals for the District of Columbia vacated an Environmental Protection Agency (“EPA”)rule delaying the effective date of the Obama administration’s final rule updating EPA’s Risk...more

King & Spalding

WOTUS Rule Now Applies in 26 States After Court Enjoins Suspension Rule

King & Spalding on

Injecting yet more confusion into the ongoing saga of the Waters of the United States (“WOTUS”) Rule, on August 16, 2018, the United States District Court for the District of South Carolina enjoined the WOTUS “Suspension...more

Foley Hoag LLP - Environmental Law

Another Day, Another Reversal of an EPA Regulatory Delay

On Friday, August 17, 2018, the D.C. Circuit Court of Appeals vacated EPA’s “Delay Rule”, which postponed compliance with EPA regulations governing preparation of Risk Management Plans under the Clean Air Act. The decision...more

Perkins Coie

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

Perkins Coie on

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

Foley Hoag LLP - Environmental Law

Shooting Fish In a Barrel: EPA Loses Another Regulatory Delay Case

On March 21, 2018, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of “restricted use pesticides” in January 2017, the Trump EPA...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Formaldehyde Standards: Federal Court Addresses U.S. Environmental Protection Agency's Implementation Delay

The United States District Court (for the Northern District of California) issued a February 16th decision addressing a Motion for Summary Judgment filed by the Sierra Club and A Community Voice-Louisiana (“Plaintiffs”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Limitations Guidelines/Clean Water Act: U.S. Environmental Protection Agency Postpones Compliance Dates for Steam...

The United States Environmental Protection Agency (“EPA”) released a prepublication version of a final rule to be published in the Federal Register that postpones certain compliance dates for Clean Water Act effluent...more

Akin Gump Strauss Hauer & Feld LLP

EPA Delivers on Promise to Delay Risk Management Plant Requirements for Chemical Plants and Refineries

On June 12, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced another extension to the effective date of the Obama-era rule amending federal Risk Management Program (RMP) requirements for...more

Ruder Ware

EPA’s Risk Management Plan (RMP) Final Rule Delayed

Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

Faegre Drinker Biddle & Reath LLP

EPA Delay of 2014 RFS Rule Increases Potential for Congressional Activity

On November 21, 2014, the Environmental Protection Agency (EPA) announced that it would further delay finalizing the 2014 Renewable Fuel Standard (RFS) volumetric blending requirements until 2015. This announcement put the...more

Burr & Forman

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

Burr & Forman on

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Perkins Coie

California Energy Commission Delays Implementation Of Nonresidential Building Energy Disclosure Regulations

Perkins Coie on

On August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed. ...more

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