News & Analysis as of

Environmental Protection Agency (EPA) Force Majeure Clause

Foley & Lardner LLP

Foley Automotive Update - October 2024

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An article by Foley & Lardner Partner Vanessa Miller that provides a guide to force majeure provisions was published in mdm Distribution Intelligence. To address potential risks to national security, the U.S. Commerce...more

Goldberg Segalla

FDA Finally Recognizes EtO Sterilizing Alternative as the World Becomes a Force Majeure Pile-Up

Goldberg Segalla on

Perhaps nothing has proven the indispensable value of commercial sterilizers more than the devastating worldwide COVID-19 pandemic. Without the highly effective and efficient commercial sterilizer ethylene oxide (EtO), we...more

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

Terminal Contract/Environmental Regulations: Federal Appellate Court Addresses Claims of Excused Performance Related to Coal...

The United States Court of Appeals, Eleventh Circuit (“Eleventh Circuit”), in a February 17th Opinion addressed a dispute involving a terminal contract with a minimum coal tonnage use provision. See Drummond Coal Sales Inc....more

Cozen O'Connor

Environmental Compliance During the COVID-19 Pandemic (UPDATED)

Cozen O'Connor on

EDITOR’S NOTE: Earlier versions of this alert did not include EPA’s April 10, 2020, guidance and its effect on field work performed at cleanup sites. This version has been updated to reflect EPA’s most recent guidance and the...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

Fox Rothschild LLP

EPA Issues Interim Guidance On Site Field Work Decisions Due To Impacts Of COVID-19

Fox Rothschild LLP on

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance for decisions regarding whether field activities under EPA-lead cleanup programs such as Superfund and RCRA corrective action should...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #2

Allen Matkins on

U.S. EPA directive instructs regions to evaluate impact of COVID-19 on site clean-ups on a case-by-case basis - EPA – April 10 - The U.S. Environmental Protection Agency (EPA) today issued guidance to its eleven...more

Pullman & Comley, LLC

Company How To: Maintaining Environmental Enforcement Compliance

Pullman & Comley, LLC on

The myriad of national and local responses to the COVID-19 pandemic—including, inter alia, forced business closings, stay-in-shelter orders, social distancing directives, and the like—present new challenges to entities with...more

Sheppard Mullin Richter & Hampton LLP

U.S. EPA’s Temporary COVID-19 Enforcement Discretion Policy

On Thursday, March 26, the United States Environmental Protection Agency (“EPA”) announced and issued a Memo establishing an agency-wide temporary enforcement policy suspending or staying a broad array of enforcement efforts...more

Beveridge & Diamond PC

EPA Policy Provides Enforcement Relief Where Needed Due to Pandemic

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On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Pandemic Will Soon be Impacting Compliance with and Enforcement of Environmental Laws

EPA existing guidance provides some conceptual anchoring for informing evolving risk management considerations. - Regulated parties face disruption of their ability to comply with environmental, health & safety laws due...more

Fox Rothschild LLP

Force Majeure Under Environmental Cleanup Agreements And Orders

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Many businesses that are considered non-essential have been ordered to suspend operations during the coronavirus pandemic. As a result, planned work at remediation sites may not be able to proceed on schedule. Work may...more

Woods Rogers

Environmental Enforcement Agreements, Force Majeure Provisions, & COVID-19: Now is the Time to Review Your Consent Order and...

Woods Rogers on

Much has already been written regarding the potential of COVID-19 to impact construction or development projects.   For example, businesses may experience personnel or material shortages, or stoppages that result from...more

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