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EPA Announces Important New Assumptions on Reviewing Chemical Use Under TSCA

The Environmental Protection Agency (EPA) announced on March 29 important updates on EPA’s New Chemicals Program under the Toxic Substances Control Act (TSCA). See attached link. This announcement highlights two important...more

EPA Temporary COVID-19 Enforcement Policy to Sunset August 31

EPA has announced that its temporary March 26, 2020 enforcement memorandum entitled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program will be terminated no later than 11:59 p.m. EDT, August 31,...more

EPA Responds To Environmental Group Allegations on EPA COVID-19 Temporary Enforcement Policy

The US Environmental Protection Agency (“EPA” or the “the Agency”) has responded to various environmental groups suing the Agency in federal court in the Southern District of New York concerning EPA’s March 26, 2020 policy,...more

Nine States Sue EPA Over Temporary COVID-19 Enforcement Policy

State attorneys general for New York, California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermont and Virginia filed suit in the United States District Court for the Southern District of New York against the U.S....more

EPA Provides Temporary Amendments for CEMs Quality Assurance Requirements During COVID-19 For Specified Part 75 Sources

In the April 22, 2020 Federal Register, EPA posted an Interim Final Rule and requested comments on the Agency amending the emissions reporting regulations under 40 CFR Part 75 that apply to sources that monitor and report...more

Group Alleges that EPA’s COVID-19 Enforcement Policy Violates the Endangered Species Act

By notice letter dated April 21, 2020, the Center for Biological Diversity (“CBD”) notified the U.S. Environmental Protection Agency (“EPA” or “the Agency”) that the group believes EPA’s March 26, 2020 policy, “COVID-19...more

Attorneys General from Fourteen States Express Concerns Over EPA COVID-19 Enforcement Discretion Policy

On April 15, 2020, Attorneys General of 14 states, including New York, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin, sent a...more

Environmental Groups Sue EPA Over Use of COVID-19 Enforcement Discretion Policy

Fifteen public interest groups filed a lawsuit against the U.S. Environmental Protection Agency (“EPA” or “the Agency”) in federal court for the Southern District of New York (Case No. 20-cv-3058, ECF Case) on April 16, 2020...more

Groups Demand Immediate Publication of Requests For COVID-19 Enforcement Discretion

As a follow-up in the lawsuit filed by public interest groups against the U.S. Environmental Protection Agency (“EPA”) in the U.S. District Court for the Southern District of New York, challenging the EPA’s March 26, 2020...more

EPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19

General Instructions On April 10, EPA issued an interim guidance memo (“Interim Guidance”) to all EPA Regional Administrators aimed at addressing how field work carried out at sites under a range of EPA authorities including,...more

EPA Defends Temporary COVID-19 Enforcement Policy and Clarifies Use of Policy in Doing So

In a letter sent to various U.S. Representatives and Senators (“letter”), Assistant Administrator Bodine of the U.S. Environmental Protection Agency (“EPA” or “the Agency”) responded to criticism of the Agency's March 26,...more

EPA Extends Deadline For Chemical Data Reporting Filings Under Toxic Substances Control Act

Effective April 9, 2020, EPA is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports from September 30, 2020, to November 30, 2020....more

EPA Issues Memo On COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program

On March 26, 2020, EPA’s top enforcement official released agency guidance on how EPA will address enforcement of environmental legal obligations during the COVID-19 crisis. See the link to the “Memo” below for convenience...more

South Carolina Offers Program for Automatic and Case-By-Case Relief from Environmental Requirements for Companies Addressing...

On March 26, the South Carolina Department of Health and Environmental Control (“DHEC” or “the Department”) offered automatic extensions on some deadlines companies are struggling to meet for certain environmental...more

Environmental Considerations and COVID-19

For industrial, utility, and other clients subject to environmental reporting and record-keeping requirements to state agencies and/or to EPA (whether by statute, rule, permit, or other agreement) that might be impacted by...more

The Affordable Clean Energy Rule

The U.S. Environmental Protection Agency (“EPA”) has just issued its proposed rule to replace the Clean Power Plan (“CPP”). The proposed rule, issued on August 21, 2018, seeks to replace the CPP with the Affordable Clean...more

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