News & Analysis as of

Carbon Emissions Enforcement Actions Environmental Protection Agency (EPA)

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

Troutman Pepper on

California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

Kohn, Kohn & Colapinto LLP

Using Whistleblower Laws to Hold Polluters Accountable

Global political and business leaders have purported ambitious climate-focused goals for the decades ahead, such as eliminating landfill waste by 2030, transitioning to 100% renewable energy use by 2035, and achieving...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Snell & Wilmer

Viral Threat Emerges to the Vehicle Aftermarket Parts Industry

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The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the...more

Williams Mullen

EPA Poised to Abandon NSR Enforcement Initiative

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On November 1, 1999, EPA Administrator Carol Browner and Attorney General Janet Reno jointly announced “an unprecedented action” to kick off their New Source Review (“NSR”) enforcement initiative. On that day, EPA and DOJ...more

Snell & Wilmer

Double Trouble for Vehicle and Equipment Imports: EPA and Customs Continue Vigorous Port Inspection and Enforcement Program

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Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency and Delaware, Ohio Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Liberty Casting Company, LLC (“LCC”) entered into a September 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

Foley & Lardner LLP

U.S. EPA Expands Mobile Source Enforcement Initiative Targeting Operators of Heavy Duty Trucking Fleets

Foley & Lardner LLP on

While much has been made of U.S. EPA’s alleged scaling back of enforcement on various fronts and other policy changes, a wave of enforcement against mobile source engines appears ready to break on the heavy-duty diesel...more

Downey Brand LLP

U.S. EPA Region 9 Enforcement Priorities Revealed

Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Snell & Wilmer

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

Snell & Wilmer on

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

Allen Matkins

California Environmental Law & Policy Update - October 2015 #2

Allen Matkins on

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...more

McAfee & Taft

EPA nixes state exemptions on excess CAA emissions

McAfee & Taft on

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What to Expect From EPA in 2014

The Environmental Protection Agency (EPA) is likely to spend more time and effort on promulgating new regulations than pursuing enforcement during 2014. The agency has acknowledged that budget cuts will affect the number of...more

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