News & Analysis as of

Environmental Protection Agency (EPA) Notice and Comment

Jones Day

D.C. Circuit Vacates Part of the EPA's HFCs Phasedown Rule

Jones Day on

On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more

(ACOEL) | American College of Environmental...

The Mixed Up World of Blending

Recently I read a news release that the U.S. Eighth Circuit Court of Appeals had issued a mandamus order against the U.S. EPA. Mandamus order? My mind went back to law school and Marbury v. Madison, which may have been the...more

Williams Mullen

Last Minute Trump Administration Regulation Limits Environmental Justice Settlements

Williams Mullen on

A regulation adopted by the Department of Justice (“DOJ”) late in the Trump administration prohibiting settlement payments to third parties continues to be an impediment to possible environmental justice consent decrees in...more

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

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

Troutman Pepper

EPA Adopts Measures to Improve the Transparency of Significant Agency Guidance

Troutman Pepper on

The EPA has issued a rule requiring all significant agency guidance to undergo a public notice and comment process prior to issuance, modification or withdrawal (Rule). The new Rule was adopted pursuant to Executive Order...more

Snell & Wilmer

States Challenge EPA’s COVID-19 Enforcement Policy

Snell & Wilmer on

In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement...more

Vinson & Elkins LLP

EPA Proposes Rule To Formalize Guidance Document Process

Vinson & Elkins LLP on

On May 19, 2020, the Environmental Protection Agency (“EPA”) released a proposed rulemaking that would codify the EPA’s practice under the Trump administration’s Executive Order 13891 “Promoting the Rule of Law Through...more

Holland & Knight LLP

EPA Issues Latest Draft of Multi-Sector General Permit

Holland & Knight LLP on

On March 2, 2020, the U.S. Environmental Protection Agency (EPA) published a notice and request for comment for its National Pollutant Discharge Elimination System (NPDES) 2020 Issuance of the Multi-Sector General Permit...more

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

Waters of the United States/U.S. EPA Proposed Rule: Arkansas Valley Audubon Society Comments

The United States Environmental Protection Agency (“EPA”) has received thousands of comments in the Administrative Docket for the proposed revisions to the Clean Water Act definition of Waters of the United States (“WOTUS”)....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

Miles & Stockbridge P.C.

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

Shumaker, Loop & Kendrick, LLP

Client Alert: U.S. EPA Withdraws "Once-In, Always-In" Policy for Sources Regulated Under Section 112 of the Clean Air Act

On January 25, 2018, U.S. EPA issued a memorandum entitled "Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act." The memorandum addresses whether a source is subject to the stringent...more

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

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

Snell & Wilmer

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

Snell & Wilmer on

On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed...more

Schwabe, Williamson & Wyatt PC

Schwabe In The Field: Certainty on the “Waters of the United States” Remains Elusive

On June 27, 2017, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) released a proposed rule (Proposed Rule) that will rescind the 2015 Clean Water Rule, often referred to as the Waters of the...more

WilmerHale

President Trump Signs WOTUS Rule's Death Warrant

WilmerHale on

On February 28, 2017, President Trump signed an Executive Order to begin the process of rescinding or revising the infamous Waters of the United States (or WOTUS) Rule. Years in the making, the WOTUS Rule was supposed to...more

Bergeson & Campbell, P.C.

EPA Issues Draft Guidance on Pesticide Cumulative Risk Assessment: Framework for Screening Analysis

The Environment Protection Agency (EPA) extended the comment date on its draft guidance, Pesticide Cumulative Risk Assessment: Framework for Screening Analysis, in a Federal Register notice published on August 28, 2015. ...more

Jackson Walker

While New Methane Rules Get Most of the Attention, EPA Also Proposes New Site Aggregation Policies for the Oil and Gas Sector and...

Jackson Walker on

On August 18, 2015, the U.S. Environmental Protection Agency ("EPA") released and asked for comments on a number of proposed rules affecting the oil and gas industry. While the methane emission regulations have received the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

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