This week, two senior U.S. Department of Justice (DOJ) Environment and Natural Resource Division (ENRD) officials used their remarks to the American Bar Association’s annual National Environmental Enforcement Conference to convey a clear message: environmental enforcement, and in particular criminal enforcement, is back. Companies and individuals should expect more robust investigations that draw on the expertise and jurisdiction of various federal agencies, while prosecutions will be driven by enhanced DOJ criminal enforcement policies.
Continue Reading DOJ Environment Officials Emphasize Enforcement of Environmental and White Collar Crimes

The United States-Mexico-Canada Agreement (USMCA), a trilateral trade agreement between the three counties, entered into force on July 1, 2020 replacing the North American Free Trade Agreement (NAFTA).

The focus of the USMCA is diverse, ranging from intellectual property, to labor, to financial services. New provisions create incentives to manufacture cars in North American and open new markets for US agricultural products. The expectation is that it will take time for companies to understand and comply with the new requirements in the USMCA, in particular during a global pandemic and economic recession. The US Customs and Border Protection has released guidance to assist in the short-term with implementation of the USCMA.
Continue Reading The USMCA, Trade, and the Environment

Infrastructure takes a long time to permit in this country. Every president over the past 30-plus years has tried to streamline the federal permitting process for infrastructure.  In his first State of the Union, President Trump called for streamlining the federal permitting process so it would take “no more than two years, and perhaps, even one.”

Continue Reading Building Trump’s America

Last October we saw the state of California implement its “PSM for Refineries” standard and now the state of Washington’s Division of Occupational Safety and Health is releasing draft language.  This new chapter will only apply to Process Safety Management (PSM) for petrochemical refining facilities. 
Continue Reading Washington OSHA has Released Draft Language for its PSM Standard for Refineries

Environmental groups are raising the stakes for power companies facing allegations of coal-ash liability. Power plants that burn coal to produce electricity also create byproducts in the process, known as “coal combustion residuals,” or CCRs. CCRs go by several names, but are commonly known as “coal ash.”

Historically, power companies have stored CCRs in settling ponds, also known as “coal-ash basins.” Coal-ash storage and disposal can lead to allegations of groundwater contamination and environmental contamination claims. Environmental groups have sought to require companies to pay for remediation of disposal sites and alleged groundwater contamination; address alleged natural resource damages; and conduct extensive monitoring and sampling of onsite and offsite sediments, groundwater, fish, and other wildlife.

Continue Reading Coal Ash Poses Slew of Coverage Issues

On August 15, 2017, the US Court of Appeals for the DC Circuit (DC Circuit) issued its decision in Sierra Club v. Department of Energy (Freeport),[1] denying Sierra Club’s challenge to the Department of Energy’s (DOE) order authorizing export under the Natural Gas Act of 1938 (NGA) from the proposed Freeport Liquefied Natural Gas (LNG) Terminal in Freeport, Texas. The decision marks yet another victory in a string of successes for supporters of LNG export.

Continue Reading LNG Export Supporters Win Another Victory in Court