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EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

EPA Updates and Republishes SmartWay Freight Transportation Sustainability Program

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

Maximum Civil Penalties for Violations of Environmental Statutes are now Significantly Higher After Inflation Adjustment

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

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

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

EPA Plans to Ease Path to Superfund Listing: Vapor Intrusion Component to be Added to the Hazardous Ranking System

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

Senate Passes Long Awaited Chemical Safety Bill

The U.S. Senate yesterday passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Chemical Safety Act). Sen. David Vitter (R-La.), in an announcement, indicated that the legislation creates a...more

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

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

EPA Modernizes the Audit Policy

The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil...more

SEP Right for You? EPA Updates its Supplemental Environmental Projects Policy

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

EPA Releases Final Clean Water Act Electronic Reporting Rule

The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities....more

EPA Says “Stop” – Don’t Dump Those Drugs Down the Drain

The U.S. Environmental Protection Agency this week released a pre-publication copy of a proposed rule on pharmaceutical hazardous wastes in healthcare and related industries that will significantly affect our healthcare...more

Proposed Rule for Methane and VOC Controls in Oil and Gas Industry

The U.S. EPA announced earlier this week a proposed rule to reduce emissions of greenhouse gases (GHG) and volatile organic compounds (VOC) from the oil and natural gas industry. The proposal is nearly 600 pages long....more

EPA Adopts Significant Revisions to Underground Storage Tank Regulations

The U.S. Environmental Protection Agency has promulgated significant new provisions both to its 1988 underground storage tank (UST) regulations and to its 1988 state program approval (SPA) regulations. 80 Fed. Reg. 41566...more

EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing

The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking...more

EPA Takes Positions on Vapor Intrusion

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

EPA’s Draft Environmental Justice 2020 Action Agenda

The U.S. Environmental Protection Agency is seeking “input” on its Draft Environmental Justice (EJ) 2020 Action Agenda framework (EJ 2020). EPA expects that the EJ 2020 will advance environmental justice through EPA...more

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