Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more
11/28/2017
/ Agricultural Land ,
Applicability Date ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Farms ,
Obama Administration ,
Regulatory Oversight ,
Tribal Lands ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
Seyfarth Synopsis: The Cleaning Product Right to Know Act makes California the first state to require ingredient labeling both on product labels and online for consumer cleaning products....more
The new ISO standard brings significant change that will require considerable time and thought to implement. Due to the timing, the strategy should focus on implementing the EMS to address the greatest “gaps” and developing...more
Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more
Seyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to...more
Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more
Seyfarth Synopsis: In another rule aimed at small business, the EPA has just issued a rule for Effluent Limitations Guidelines and Standards for the Dental Category. The rule will add more federal compliance costs to already...more
Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more
12/13/2016
/ Affordable Care Act ,
Alternative Minimum Tax ,
Americans with Disabilities Act (ADA) ,
Cadillac Tax ,
Capital Investments ,
Capital Markets ,
Clean Power Plan ,
Clean Water Rule ,
Climate Action Plan ,
Coal Industry ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Taxes ,
Cross-Border Transactions ,
Cuba ,
DACA ,
DAPA ,
Defense Contracts ,
Department of Labor (DOL) ,
Deregulation ,
Dodd-Frank ,
EB-5 ,
Employer Mandates ,
Employment Eligibility Verification ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Executive Compensation ,
Exports ,
F-1 Visa ,
Foreign Subsidiaries ,
Form I-9 ,
Free Trade Agreements ,
Groundwater ,
H-1B ,
Healthcare Reform ,
Immigration Reform ,
Iran Sanctions ,
L-1 ,
Lending ,
Loans ,
Medicare ,
Minimum Salary ,
Multinationals ,
Paris Agreement ,
Popular ,
Presidential Elections ,
Renewable Energy ,
Repatriation ,
Repeal ,
Securities and Exchange Commission (SEC) ,
STEM ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trans-Pacific Partnership ,
Trump Administration ,
Unpaid Overtime ,
US Army Corps of Engineers ,
USCIS ,
Venture Capital
Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more
12/12/2016
/ Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Final Rules ,
GAO ,
Groundwater ,
National Priorities List (NPL) ,
Oil & Gas ,
Soil ,
Subsurface Conditions ,
Superfund ,
Vapor Intrusion
Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will...more
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more
11/15/2016
/ Clean Power Plan ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Land ,
Fracking ,
Greenhouse Gas Emissions ,
Groundwater ,
Mineral Leases ,
Moratorium ,
National Enforcement Initiatives (NEIs) ,
Offshore Drilling ,
Paris Agreement ,
Presidential Elections ,
Renewable Energy ,
Repeal ,
Stream Protection Rule ,
Supreme Court Appointments ,
Trump Administration ,
Waters of the United States
Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants.
Indiana, unlike other jurisdictions, is pro-insured when...more
Seyfarth Synopsis: For companies in the freight industry, if sustainability is important at your company or to its board of directors, then you may wish to investigate the EPA’s updated Smartway program, with its new...more
Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts.
In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more
Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more
6/6/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States
Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more
6/1/2016
/ Appeals ,
CERCLA ,
Class Action ,
Class Certification ,
Commonality ,
Contaminated Properties ,
Corporate Counsel ,
Environmental Liability ,
FRCP 23 ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
General Mills ,
Homeowners ,
Negligence ,
Private Nuisance ,
RCRA
Seyfarth Synopsis: U.S. Supreme Court: mere violation of a statute creating a private right of action is not itself sufficient to satisfy the standing requirement under Article III’s “case or controversy.” To establish...more
Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement.
The Federal Trade Commission announced five cases this week with companies that market their products as “all...more
Long awaited proposed regulations were published for notice and comment on March 14, 2016 (81 Fed. Reg. 13638) by the U.S. Environmental Protection Agency to strengthen its Risk Management Program (RMP), 40 C.F.R. Part 68....more
The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to...more
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more
12/18/2015
/ Administrative Appeals ,
Administrative Procedure Act ,
Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Ripeness ,
SCOTUS ,
Waters of the United States ,
Wetlands
In the last twelve months the Ministry of Environmental Protection (MEP) in the People’s Republic of China (PRC) has been remarkably vocal about environmental law, monitoring, and fraud, especially under the new environmental...more
In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q2 2015 for the energy industry including court protection for companies using hydraulic...more
8/10/2015
/ Clean Air Act ,
Compliance Costs ,
Environmental Protection Agency (EPA) ,
Fracking ,
Marcellus Shale ,
MATS ,
Michigan v. EPA ,
Oil & Gas ,
Power Plants ,
Renewable Energy ,
Renewable Portfolio Standards ,
SCOTUS ,
Tax Credits ,
Trade Secrets ,
Underground Injection Wells
The U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information...more