The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) is circulating a document (“Memorandum”) from the United States Environmental Protection Agency (“EPA”) Office of Enforcement and...more
Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more
On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more
The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA...more
The United States Environmental Protection Agency (“EPA”) issued an April 17th memorandum addressing: Strategic Civil-Criminal Enforcement Policy (“Memorandum”) ...more
Federal environmental enforcement can be civil, criminal, or both. The US Environmental Protection Agency (EPA) recently announced a policy intended to better coordinate its civil and criminal environmental enforcement. The...more
The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...more
In response to the perceived threat per- and polyfluoroalkyl substances (PFAS) pose to public health and the environment, Environmental Protection Agency (EPA) administrator Michael Regan established the Executive Council on...more
On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more
Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response,...more
In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more
The National Association of Clean Air Agencies (“NACAA”) sent a September 29th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2024-2025 National Program...more
Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more
Companies should take note and be prepared to respond quickly to more—and more aggressive—EPA enforcement, on the heels of two new enforcement initiatives announced by David Uhlmann, the recently confirmed Assistant...more
Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims - As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more
On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as an enforcement...more
After less than a month on the job EPA Office of Enforcement and Compliance Assurance (OECA) Chief David Uhlmann this week released a memorandum outlining EPA's National Enforcement and Compliance Initiatives (NECIs) for the...more
The U.S. Environmental Protection Agency’s (EPA’s) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental...more
Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies. For many businesses, including those that devote considerable resources to meeting...more
The EPA intends to increase its review of voluntary self-disclosures of violations submitted electronically under EPA’s Audit Policy. The EPA Office of Inspector General (OIG) recently issued a report detailing the results of...more
On June 30, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report titled “Additional Internal Controls Would Improve the EPA’s System for Electronic Disclosure of Environmental...more
Under the Biden-Harris administration, the U.S. EPA has made advancing Environmental Justice (EJ) a leading priority. At times it has felt like EPA releases an EJ-related announcement, policy, or guidance every day. While...more
Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more
On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more
The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice...more