Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more
EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more
The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more
The United States Environmental Protection Agency (“EPA”) issued a December 12th news release indicating it had entered into a Consent Agreement with Hamm Inc. (“HI”) addressing alleged violations of the Clean Air Act. ...more
The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more
Right on the heels of the eye-popping $408 million settlement between a major commercial sterilizer and plaintiffs claiming injuries resulting from exposure to ethylene oxide (EtO) emitted from the company’s Illinois facility...more
I’ve been engaged in issues involving mobile sources for more than 40 years. For much of that time, most of the environmental bar viewed Title II of the Clean Air Act as something that took up space between Titles I and III...more
A failed attempt for an acquittal, coupled with a separate indictment of federal charges of collecting $400,000 in fraudulent tax refunds from the City of Lawrence, made 2018 a very stressful year for Thomas Fritzel. Fritzel,...more
When it comes to enforcement initiatives, EPA’s priorities are clear. EPA’s National Enforcement Initiatives are announced on a three-year cycle, and EPA’s annual release of enforcement results is an extensive and in-depth...more
The United States Environmental Protection Agency (“EPA”) and Save-A-Lot Food Stores, Ltd. (“Save-A-Lot”) entered into a November 2nd Expedited Penalty Action and Consent Agreement (“Consent Agreement”) addressing alleged...more
The United States Environmental Protection Agency (“EPA”) and Olin Corp. (“Olin”) entered into a July 24th Consent Agreement (“CA”) addressing alleged violations of Section 112(c) of the Clean Air Act. See Docket No....more
The United States Environmental Protection Agency (“EPA”) and Columbus Consolidated Government (“Columbus”) entered into an August 18th Consent Agreement (“CA”) addressing alleged violations of the federal asbestos...more
The United States Environmental Protection Agency (“EPA”) and Pacific Surimi – Newport, LLC, (“Pacific”) entered into a January 16th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air...more
The United States Department of Justice (“DOJ”) and the United States Environmental Protection Agency issued a news release stating they had entered into a Consent Decree (“CD”) with Lehigh Cement Company, LLC (“Lehigh...more
In 2015, when confronted with a United States Environmental Protection Agency Notice of Violation of the Clean Air Act, Volkswagen admitted to installing defeat devices in the diesel engine software of approximately 500,000...more
The United States Environmental Protection Agency (“EPA”) and Louis Dreyfus Company Agricultural Industries LLC (“Dreyfus”) entered into a September 9th Consent Agreement and Final Order (“CAFO”) addressing alleged Clean Air...more
The United States Environmental Protection Agency (“EPA“) and Port Townsend Paper Corporation (“PTPC“) entered into a May 21st Consent Agreement (“CA“) addressing alleged violations of the Clean Air Act. See Docket No....more
The United States District Court (Eastern District Missouri) (“Court”) issued a February 27th Memorandum and Order (“Order”) addressing whether it had the authority to order injunctive relief for past violations of the Clean...more
The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more
The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more
The United States Environmental Protection Agency (“EPA”) and CRF Frozen Foods Ltd. entered into a February 5th Expedited Settlement Agreement addressing alleged violations of regulations (40 C.F.R. Part 68) implementing...more
A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more
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
On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which...more