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Environmental Protection Agency (EPA) Enforcement Authority

Dorsey & Whitney LLP

The Supreme Court Update - June 27, 2024

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The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

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On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Eversheds Sutherland (US) LLP

Practical steps to mitigate RIN market fraud risk in light of EPA's Inspector General RFS audit report

On September 19, 2023, the US Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued its conclusions after conducting an audit of EPA’s Renewable Fuel Standard (RFS) Moderated Transaction System (EMTS)...more

Latham & Watkins LLP

Supreme Court Rejects EPA’s Authority to Force Power Generation Shifting Under Clean Air Act

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The decision will limit EPA’s options for future regulation of existing power plant GHG emissions and may have broader implications for other federal agency rulemakings. On June 30, 2022 the US Supreme Court issued its...more

BakerHostetler

Biden Administration Seeks to Reverse Decades-Long Decline in Federal Environmental Enforcement in Proposed 2023 EPA Budget

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The Biden administration recently proposed a fiscal year (FY) 2023 budget for the U.S. Environmental Protection Agency (EPA) that seeks to increase EPA’s budget by $2.644 billion and reverse a decades-long slide in federal...more

WilmerHale

Recent Developments in EJ Enforcement and Permitting

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The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

Williams Mullen on

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

Williams Mullen

Biden Administration Could Quickly Adopt Many Environmental Enforcement Policy Changes

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Burr & Forman

U.S. EPA Announces Termination Date For COVID-19 Enforcement Policy

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Three months after issuing its COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program temporary policy memorandum suspending enforcement of certain environmental requirements, the U.S. Environmental...more

Robinson & Cole LLP

EPA Announces Termination of COVID-19 Enforcement Discretion Policy

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The Environmental Protection Agency (EPA) has announced the scheduled termination of its controversial Enforcement Discretion Policy (Policy). In a memorandum dated June 29, 2020 (Memorandum), Susan Bodine, the Assistant...more

Womble Bond Dickinson

Some States Are Opposed to EPA’s COVID-19 Blanket Enforcement Policy

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On March 23, 2020, on behalf of its members and U.S. industry, the American Petroleum Institute (“API”) sent a letter to the EPA requesting a temporary waiver of non-essential compliance obligations, including recordkeeping,...more

Saul Ewing LLP

EPA Issues Temporary Policy Memo on COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program

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On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued a temporary policy memo modifying the agency’s enforcement discretion in light of the sweeping impact of the COVID-19 pandemic in the United States. In...more

King & Spalding

U.S. Government’s Continued Focus on Large Ship Air Emissions

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The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more

Stinson LLP

Recent Executive Orders Take Aim at Informal Agency Guidance

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Earlier this month the Trump Administration issued two executive orders limiting federal agencies’ use of informal guidance documents to regulate conduct. "Informal guidance documents" are generally understood to include...more

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

Regional Role in Reducing the NPDES Rate of Significant Noncompliance: U.S. Environmental Protection Agency Guidance Memorandum

Susan Parker Bodine, Assistant Administrator for Enforcement and Compliance Assurance, transmitted a July 12th memorandum to the United States Environmental Protection Agency (“EPA”) Regional Administrators titled: ...more

Miles & Stockbridge P.C.

EPA’s Partnership Policy Formally Delegates Primary Enforcement Implementation to State Agencies While Retaining Concurrent...

On July 11, 2019, the Environmental Protection Agency (the “EPA”) finalized its policy (the “Policy”) to defer environmental investigations and enforcement actions to authorized state agencies as the “primary implementer.”...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

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EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

Stoel Rives - Environmental Law Blog

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and...

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice...more

Williams Mullen

The Fate of the CCR Rule “is” Still in Dispute

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In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

Robinson+Cole Manufacturing Law Blog

EPA to Defer to States on Enforcement

In our 2018 outlook, we told you about the trend towards cooperative federalism—EPA’s plan to “rebalance the power between Washington and the states to create tangible environmental results for the American people.” Early in...more

Holland & Knight LLP

DOJ Issues Memorandum Precluding Reliance on Agency Guidance in Enforcement Cases

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On Jan. 25, 2018, the Associate Attorney General issued a memorandum limiting use of agency guidance documents in affirmative civil enforcement cases brought by the U.S. Department of Justice (DOJ). In a move which could have...more

Stoel Rives LLP

Back to Basics – EPA Enforcement 

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I have been an enforcement professional my whole career. First as a government enforcement attorney; and now (for almost 25 years) as an enforcement defense lawyer. Some of the things that once made me a proud government...more

Stoel Rives LLP

North Dakota’s UIC Class VI Primacy Wait is Almost Over

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The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

WilmerHale

EPA Centralizes CERCLA Remedy Selection Authority

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Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more

Dorsey & Whitney LLP

Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

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President Trump’s proposed fiscal year 2018 “skinny” budget, if enacted, would severely impact the U.S. Environmental Protection Agency, reducing its budget by nearly a third and cutting 20 percent of its staff. Indeed, the...more

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