The U.S. Environmental Protection Agency (EPA) expects companies to self-police their environmental compliance efforts. While the EPA regularly conducts inspections focused on assessing environmental compliance, it also...more
On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more
As forecast in our December 2022 client alert, the Environmental Protection Agency (EPA) has issued a pre-publication version of its final rule that eliminates the use of the de minimis exemption for reporting of per- and...more
Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more
President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
The United States Environmental Protection Agency (“EPA”) and CB Manufacturing Company, Inc. (“CB”) entered into a December 19th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive...more
The United States Environmental Protection Agency (“EPA”) and Canton Renewables, LLC (“Canton”), entered into a December 16th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive...more
In the proposed rule, EPA outlines the limited direct effects of the proposal – Businesses must report releases of PFOA and PFOS of one pound or more within a 24-hour period; and transport substances or mixtures that contain...more
On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more
The United States Environmental Protection Agency (“EPA”) and Ferrara Candy Company (“FCC”) entered into an August 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more
The United States Court of Appeals for the Third Circuit (“Third Circuit”) in a June 21st Opinion interpreted the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) or (“Superfund”) phrase...more
PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more
Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more
Manufacturing facilities commonly store various chemical substances in aboveground storage tanks. Most facilities ensure chemical storage areas are equipped with proper secondary containment measures to prevent releases of...more
On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more
Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more
EPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends...more
The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more
EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more
In a new effort to clarify the breadth of exemptions for farm animal waste emission reporting, EPA has proposed a rule that exempts such emissions from the reporting requirements under the Emergency Planning and Community...more
Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) filed a September 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental...more
On April 11, 2017, the Federal Court struck down the 2008 EPA Rule exempting most farms from reporting releases of hazardous air pollutants under CERCLA and EPCRA. The rule exempted farms which had fewer animals than large...more