News & Analysis as of

Environmental Protection Agency (EPA) Policy Statement

Jenner & Block

TSCA Articles Regulations—U.S. EPA Course Reversal?

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In prepared remarks from U.S. EPA chemicals chief Michael Freedhoff that were presented at the Product Stewardship Society’s annual meeting, Freedhoff clearly articulated an intent by the Agency to reverse course and...more

Cozen O'Connor

EPA Signals Enforcement Direction Shifts

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The EPA has made public an April 30 memo from the acting assistant administrator for the Office of Enforcement and Compliance Assurance (OECA) to the national and regional enforcement managers that signals clear and specific...more

Stinson LLP

DOJ Puts Supplemental Environmental Projects Back on the Negotiating Table

Stinson LLP on

The Biden administration hit the ground running on its initiative to "confront the climate crisis." On January 20, 2021, President Biden signed Executive Order 13,990 (EO), which directed all federal agencies to "immediately...more

Troutman Pepper

State Opposition to EPA's COVID-19 Enforcement Discretion Policy Increases as AGs File Suit

Troutman Pepper on

On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here....more

Woods Rogers

Environmental and Regulatory Compliance During the COVID-19 Pandemic: Best Practices

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The regulatory landscape has become a challenging place to operate as the nation struggles to contain the spread of COVID-19.  The frequency and diversity of policy changes being issued by various levels of government,...more

Nossaman LLP

Coronavirus Environmental Enforcement & Compliance Update

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US EPA published its temporary policy on enforcement discretion during the coronavirus pandemic on March 26. This update to our previous post on developments related to that policy summarizes additional developments through...more

Troutman Pepper

State and Environmental Group Opposition to EPA's COVID-19 Enforcement Discretion Policy Intensifies

Troutman Pepper on

In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed coronavirus (COVID-19) enforcement discretion policy (Policy), governmental and environmental group opposition to the Policy...more

Bilzin Sumberg

EPA Issues Guidance for Cleanups During Pandemic

Bilzin Sumberg on

On Friday, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance regarding when cleanup activities should be continued, reduced, or suspended in light of the COVID-19 pandemic....more

Stoel Rives LLP

EPA’s COVID-19 Policy Offers Temporary Relief and Enforcement Discretion

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Businesses increasingly face the prospect of disruptions as impacts on public health and the economy continue to grow with the COVID-19 pandemic. Recognizing these difficulties, EPA issued a policy on March 26, 2020 allowing...more

Harris Beach PLLC

New EPA Policy for Regulated Entities Released in Response to COVID-19

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On March 26, 2019, the United States Environmental Protection Agency (“EPA”) released a new policy, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance.” The seven-page document outlines a temporary policy...more

Robinson & Cole LLP

EPA Issues COVID-19 Enforcement Discretion Policy

Robinson & Cole LLP on

Having been “inundated with questions from both state regulators and the regulated community about how to handle the current extraordinary situation,” the Environmental Protection Agency (EPA) recently announced a temporary...more

Pullman & Comley, LLC

U.S. Environmental Protection Agency Announces New Temporary Enforcement Policy During COVID-19 Outbreak

Pullman & Comley, LLC on

On March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) issued a seven-page temporary policy regarding EPA treatment and/or discretionary enforcement of certain environmental obligations resulting from the...more

Seyfarth Shaw LLP

EPA Enforcement Discretion Policy for COVID-19 Pandemic

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Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more

Nossaman LLP

EPA Announces Temporary Policy Suspending Enforcement of Certain Environmental Compliance Obligations During Coronavirus Pandemic

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On March 26, 2020, EPA announced a temporary enforcement discretion policy to excuse violations of environmental laws in specified circumstances during the coronavirus pandemic. ...more

Pierce Atwood LLP

Environmental Enforcement During the COVID-19 Crisis

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The COVID-19 pandemic has triggered many restrictions on travel and personnel, leading many businesses and industry groups to wonder whether companies will face enforcement actions if they fail to comply with environmental...more

McGuireWoods LLP

EPA Indicates That It May Relax Enforcement Measures For Narrow Categories Of Environmental Legal Obligations Occurring After...

McGuireWoods LLP on

On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more

Bricker Graydon LLP

US EPA issues temporary enforcement policy in wake of COVID-19

Bricker Graydon LLP on

On March 26, 2020, US EPA issued a memorandum announcing a temporary policy to address noncompliance with environmental legal obligations resulting from the COVID-19 pandemic, in lieu of otherwise applicable EPA enforcement...more

Vinson & Elkins LLP

The EPA’s COVID-19 Enforcement Policy—A Reasonable Compromise In Extraordinary Times

Vinson & Elkins LLP on

Smart companies are planning for scenarios under which they might not be able to comply with environmental laws because of COVID-19. The noncompliance might be trivial—failing to keep up certifications because recertification...more

Ballard Spahr LLP

EPA Will Exercise Enforcement Discretion in Certain Circumstances

Ballard Spahr LLP on

On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it would relax its enforcement of certain environmental laws where the noncompliance is caused by circumstances created by the COVID-19 crisis. ...more

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

Ozone/Clean Air Act: EPA Staff Proposal Retains Current Primary and Secondary National Ambient Air Quality Standards

The United States Environmental Protection Agency (EPA) on Halloween published a draft policy assessment recommending that the current National Ambient Air Quality Standards (“NAAQS”) of 70 parts per billion (ppb) be...more

Robinson+Cole Manufacturing Law Blog

EPA Formalizes Policy to Partner with States on Environmental Compliance and Enforcement

Over the summer, EPA published a policy document to enhance cooperation between it and the many state agencies that enforce federal environmental programs. ...more

Stinson LLP

California Communities Against Toxics: The "Continuing Project" of Clarifying Administrative Law

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In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more

Williams Mullen

EPA Announces New Compliance Policy

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EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

Eversheds Sutherland (US) LLP

FERC Issues Policy Statement On Natural Gas Pipeline Modernization Cost Recovery

On April 16, 2015, FERC issued a Policy Statement in Cost Recovery Mechanisms for Modernization of Natural Gas Facilities, Docket No. PL15-1-000, 151 FERC ¶ 61,047 (2015). Effective October 1, 2015, the Policy Statement...more

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