Podcast – Introducing the Greenwashing Mitigation Team
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more
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
As COVID-19 mitigation efforts have taken effect across the country, environmental protection agencies are also adjusting operations and policies to accommodate their teleworking staff and to account for impacts to the...more
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued a temporary policy memo modifying the agency’s enforcement discretion in light of the sweeping impact of the COVID-19 pandemic in the United States. In...more
Chances are if you have been on either side of a settlement for an environmental violation over the past 20 years, you have discussed and/or negotiated a supplemental environmental project (SEP) as part of the overall...more
The United States Environmental Protection Agency and Corps of Engineers (collectively “Corps”) is undertaking a review of the Comprehensive Mitigation for Losses of Aquatic Resources rule (“Mitigation Rule”). The...more
Stuart Spencer of the Arkansas Department of Environmental Quality (“ADEQ”) undertook a presentation at the March meeting of the Arkansas Bar Association Environmental Law Section titled: Volkswagen Settlement –...more
The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more
On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more
On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more
The U.S. Environmental Protection Agency recently updated its Supplemental Environmental Project (SEP) Policy. Most federal actions for failure to comply with the environmental laws are resolved through settlement...more
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more
Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more
In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more
The U.S. Environmental Protection Agency’s (EPA) Proposal to Mitigate Exposure to Bees from Acutely Toxic Pesticide Products published in the Federal Register on May 29, 2015, seeks comment on a proposal to adopt mandatory...more
Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more