State AG Pulse | The State AG: Both Advocate & Influencer
Supreme Court’s Rulings On Same-Sex Marriage Spark Many Questions On Employee Benefits
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
There has been much angst at the state level that EPA has not moved faster to develop drinking water or cleanup standards for PFAS. One of the states affected by the pace of EPA’s regulatory efforts is New Hampshire. Taking...more
Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more
Part of EPA’s FY 2018-2022 Strategic Plan is an emphasis on cooperative federalism in the compliance and enforcement process, with the goal being that states authorized, delegated, or approved to implement federal...more
On June 6, Washington filed a lawsuit challenging EPA’s May 10, 2019, decision to reverse its 2016 disapproval of Washington’s proposed Human Health Criteria (HHC) under the Clean Water Act (CWA). The lawsuit represents the...more
Last month, a decision in a case involving the Lake Erie toxic algae blooms demonstrated some “issues” concerning the nature of cooperative federalism. Such blooms have been a problem for some time and pretty much everyone...more
Arkansas Department of Environmental Quality (“ADEQ”) Director Becky Keogh was one of six panelists that participated in the Environmental Law Institute – Miriam Hamilton Keare Policy Forum (“Forum”). ...more
United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement...more
In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to...more
Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more
Last Friday, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA’s rejection of Oklahoma’s state implementation plan setting forth its determination of the Best Available Retrofit Technology, or BART,...more