Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more
Seyfarth Synopsis: The United States Environmental Protection Agency (EPA) released a list of disinfectants to use against SARS-CoV-2, the novel coronavirus that causes COVID-19....more
3/9/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more
1/23/2020
/ CERCLA ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
National Emissions Standards ,
Proposed Regulation ,
Public Safety ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Threshold Requirements ,
Toxic Chemicals ,
U.S. Chemical Safety and Hazard Investigation Board (CSB) ,
Workplace Safety
Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more
1/20/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Manufacturers ,
Manufacturing Facilities ,
NDAA ,
New Legislation ,
Occupational Exposure ,
PFAS ,
Pollution Control ,
Public Comment ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Threshold Requirements ,
Toxic Chemicals ,
Toxic Exposure ,
Waste Disposal ,
Workplace Safety
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
12/24/2019
/ Agribusiness ,
Air Quality Standards ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Environmental Protection ,
Dispensaries ,
Electricity ,
Energy Efficiency ,
Environmental Liability ,
Farms ,
Hazardous Waste ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interstate Commerce ,
Land-Use Permits ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
National Emissions Standards ,
Nuisance ,
Pesticides ,
Popular ,
Product Packaging ,
Recreational Use ,
Recycling ,
Regulatory Oversight ,
Retail Market ,
Toxic Chemicals ,
Volatile Organic Compounds (VOC) ,
Waste ,
Waste Disposal ,
Water Usage
Seyfarth Synopsis: EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list....more
12/3/2019
/ Comment Period ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPRM ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals
Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more
11/19/2019
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New Rules ,
RCRA ,
Recycling ,
Regulatory Requirements ,
Regulatory Standards ,
Rulemaking Process ,
Solid Waste ,
Waste Disposal
Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more
10/14/2019
/ Administrative Agencies ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
New Guidance ,
OMB ,
OSHA ,
Public Access Laws ,
Regulatory Agencies ,
Regulatory Reform ,
Transparency ,
Trump Administration
Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018....more
Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution...more
Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from...more
Seyfarth Synopsis: Under the Trump Administration, the U.S. Environmental Protection Agency (EPA) has fully or partially deleted 22 sites from the Comprehensive Environmental Response, Compensation, and Liability Act...more
New Illinois Office of State Fire Marshall (“OSFM”) regulations, (42 Ill. Reg. 10476, 10662-667, June 15, 2018, effective October 13, 2018), require that periodic operation and maintenance include recorded “walkthrough...more
Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more
Seyfarth Synopsis: EPA announces its proposal to streamline the regulation of hazardous waste aerosol cans by adding them to the list of materials that can be managed under the Universal Waste management system....more
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents....more
Seyfarth Synopsis: In a guidance document issued last week, U.S. EPA sets out to deliberately move environmental enforcement responsibilities back to the states. While this may, to local interests, represent a noble purpose,...more
Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more
2/1/2018
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
Workplace Safety
Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more
Seyfarth Synopsis: Last week Administrator Scott Pruitt signed a final rule to further delay the effective date of EPA’s Risk Management Program (RMP) Amendments an additional 20 months to allow the agency to conduct a...more
Seyfarth Synopsis: In a significant proposal, EPA moves to ban the use of TCE in aerosol degreasing and spot cleaning at dry cleaning facilities, as part of a larger effort to ban TCE in other industrial uses.
The U.S....more
Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances.
The U.S....more
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: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional...more