News & Analysis as of

Environmental Protection Agency (EPA) Noncompliance

King & Spalding

EJ Screen Updates

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On May 15, EPA announced it was going to update to its EJScreen tool in June. According to EPA’s website, “EJScreen is EPA's environmental justice mapping and screening tool that provides EPA with a nationally consistent...more

Goldberg Segalla

New Federal Regulations Regarding Soot Create Challenges for States

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Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics,...more

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

Removal of Title V Emergency Affirmative Defense Provisions/State Operating Permit Programs: U.S. Environmental Protection Agency...

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

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

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

NPDES Permits/Clean Water Act: U.S. Environmental Protection Agency/Association of Clean Water Administrators Announce Reduction...

The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 18, Number 6. In This Month’s E-News: June 2021

Report on Research Compliance 18, no. 6 (June 2021) - Clemson University is pushing back against recommendations by auditors for the National Science Foundation Office of Inspector General (OIG) that it repay $276,440,...more

Baker Donelson

Environmental Prosecutions Increased in Pandemic Year

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It is worthwhile for plant managers and environmental managers to pay attention to the types of cases involving environmental violations which are selected by regulators and prosecutors for criminal enforcement. That is...more

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

U.S. Environmental Protection Agency National Compliance Initiative/Clean Water Act: Reducing Significant Non-Compliance with...

The United States Environmental Protection Agency (“EPA”) issued a September 2020 Compliance Advisory titled: National Compliance Initiative: Reducing Significant Non-Compliance with National Pollutant Discharge...more

Pillsbury Winthrop Shaw Pittman LLP

Not Too Late to Develop a Strong Strategy for 2020 CDR

The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives. The next filing deadline is November 30, 2020 and requires the submission...more

Foley Hoag LLP - Environmental Law

What is the Burden on States Petitioning EPA Under the Good Neighbor Provisions of the Clean Air Act?

On July 14, 2020, the D.C.. Circuit Court of Appeals granted New York’s petition appealing EPA’s rejection of New York’s request under Section 126 of the Clean Air Act to require emissions reductions from upwind states...more

Nelson Mullins Riley & Scarborough LLP

EPA's Temporary COVID-19 Policy on Enforcement

Susan Bodine, the assistant administrator for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), issued a memorandum on March 26 setting forth a temporary policy regarding EPA...more

King & Spalding

California Environmental Enforcement Changes Under COVID-19

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California' Policy Is Less Specific and Stricter than the EPA Policy - California has issued a new policy providing limited relief for regulated parties from their environmental compliance and reporting obligations...more

BakerHostetler

Environmental Compliance Enforcement in the Wake of COVID-19

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This client alert focuses on the circumstances that could lead to criminal investigation or enforcement for environmental noncompliance during COVID-19, and provides four practical pointers on how to avoid those pitfalls. On...more

Clark Hill PLC

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles) - Updated

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This newsletter was updated April 17, 2020 to include recent guidance from California concerning regulatory compliance requirements. In the original newsletter below, we discussed two tools that may help Environmental,...more

Latham & Watkins LLP

Environmental Compliance and COVID-19 – 5 Questions for Companies to Consider

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Companies should stay abreast of fast-moving changes to federal, state, and local regulatory stay-at-home orders and compliance guidance. While the most important consequences of the COVID-19 pandemic are undoubtedly the...more

Snell & Wilmer

ADEQ Issues COVID-19 Memo of Compliance & Enforcement

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On March 31, 2020, the Arizona Department of Environmental Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March 26, 2020 United...more

Clark Hill PLC

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles)

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This newsletter was updated April 13. In the original newsletter below, we discussed two tools that may help Environmental, Health, and Safety (EHS) management respond to non-compliance arising from COVID-19: Agency...more

WilmerHale

COVID-19: Environmental Enforcement Quarantine - Regulators Announce Reduced Enforcement During the COVID-19 Pandemic

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The COVID-19 pandemic has led to a number of rapid-fire legislative, executive, and regulatory responses in the U.S. States, counties, and cities have issued shelter-in-place and other emergency orders, causing certain...more

Lathrop GPM

COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program

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On March 26, 2020, the U.S. Environmental Protection Agency (EPA) released a temporary policy in response to the unprecedented COVID-19 pandemic. This temporary policy describes how EPA intends to use enforcement discretion...more

Parker Poe Adams & Bernstein LLP

EPA to Temporarily Drop Certain Penalties for Noncompliance Because of COVID-19

The Environmental Protection Agency is implementing a temporary policy to forgo assessing penalties for noncompliance with routine monitoring and reporting obligations, provided that noncompliance is the result of the...more

White and Williams LLP

EPA to Relax Environmental Legal Enforcement During the COVID-19 Pandemic

The Environmental Protection Agency (EPA) announced in a memo released on Thursday, March 26, 2020 that it will relax its enforcement of environmental legal obligations under certain circumstances during the COVID-19...more

Pullman & Comley, LLC

Company How To: Maintaining Environmental Enforcement Compliance

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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

Spilman Thomas & Battle, PLLC

Information Regarding EPA's COVID-19 Enforcement Policy

The U.S. Environmental Protection Agency has announced its temporary policy regarding environmental enforcement activities during the COVID-19 pandemic. The policy is retroactive to March 13, 2020, and will apply for the...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

Snell & Wilmer

EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

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EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring,...more

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