United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“East Side”) entered into a March 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22 addressing the following Advance Notice of...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...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
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
In December, 2021, representatives of the timber and paper industry petitioned the EPA to ease restrictions on the burning of railroad ties and paper residuals as fuel without triggering strict hazardous waste combustion...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
The United States Environmental Protection Agency (“EPA”) addressed in a December 4, 2020, letter a request for a regulatory determination on hazardous waste generator activities associated with polymerization (“POLYM”) as a...more
Key Takeaways - • What Happened: EPA urges self-audits for facilities subject to RCRA Parts 264/265 Subparts AA, BB and CC air emission standards to avoid potential for substantial penalties and injunctive relief ...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a July 21st Order addressing a Petition by the American Bottom Conservancy (“Conservancy”) which challenged the issuance...more
The rapid spread of the coronavirus has generated new interest in the regulation of medical waste. The COVID-19 crisis is generating a significant amount of regulated medical waste....more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more
The United States Environmental Protection Agency (“EPA”) in a March 21st letter addressed a request to determine whether certain discarded carpet that a company plans to process into fuel would be considered a solid waste...more
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more
2018 AG Elections- Arizona and Florida Hold Primary Elections- Arizona and Florida held primary elections on August 28, 2018, and will hold general elections on November 6, 2018....more
Municipal solid waste (MSW) landfills receive non-hazardous waste from residential properties, commercial businesses, and institutions. When MSW is placed in a lined landfill and covered, it decomposes and emits a gas into...more
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
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
Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more
Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal...more
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more