Tag Archives: EPA

EPA’s Proposed TSCA Fees Rule – Key Issues

On February 7, 2018, US Environmental Protection Agency (EPA) Administrator Scott Pruitt signed a proposed rule to establish user fees to defray EPA’s costs of administering its responsibilities under the Toxic Substances Control Act (TSCA), as amended by the 2016 Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). EPA estimates in the … Continue Reading

EPA Announces Fiscal Year 2017 Environmental Enforcement Statistics

The US Environmental Protection Agency (EPA) released its annual enforcement and compliance results for the most recent fiscal year (FY) on February 8, 2018. The results, which cover the period from October 1, 2016, to September 30, 2017, are the Trump administration’s first annual statistical report on federal environmental enforcement. The results provide insight into … Continue Reading

Recapping the Year in Environmental Enforcement

A year ago, the regulated community and its environmental lawyers recognized that the Trump administration would bring a new approach to the enforcement of federal environmental laws, but the nature of the specific changes remained nebulous. While it is still early to speculate on the long-term impacts to enforcement that may be implemented by the administration, … Continue Reading

Agencies Move Quickly to Delay Applicability of 2015 WOTUS Rule Following Unanimous Supreme Court Decision

On January 22nd, the Supreme Court issued a unanimous (9-0) decision, authored by Justice Sotomayor, agreeing with industry groups, some eNGOs, and many states, that the district courts have jurisdiction over challenges to the 2015 Waters of the U.S. (WOTUS) Rule. Nat’l Ass’n of Manufacturers v. Dept. of Defense, et al., No. 16-299 (Jan. 22, … Continue Reading

Senate Confirms Susan Parker Bodine as New Head of EPA’s Enforcement and Compliance Office

On Thursday, the Senate confirmed Susan Parker Bodine as the Assistant Administrator of the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (“OECA”).  OECA, the chief enforcement arm of EPA, coordinates the agency’s enforcement of numerous federal environmental laws within its authority. This is the second leadership role at EPA for Bodine, who brings … Continue Reading

EPA Denies Petitions to Change the RFS “Point of Obligation”

US EPA Administrator Pruitt signed a notice denying petitions to change the “point of obligation” under the RFS program. EPA stated that its “primary consideration” in reviewing the petitions was whether changing the point of obligation would improve the effectiveness of the RFS program to achieve Congress’s goals. EPA concluded that the petitioners did not meet that standard.… Continue Reading

Navigating the CWA’s Reach: What’s Happening with WOTUS?

WOTUS, an acronym that has received a lot of attention in recent years, stands for the “waters of the United States.” When Congress enacted the Clean Water Act (“CWA” or the “Act”) in 1972, it prohibited “the discharge of any pollutant by any person” into navigable waters without a permit. The Act defines navigable waters … Continue Reading

New Jersey Decision Highlights Importance of Reviewing Historical Liability Insurance Policies

A New Jersey court recently held that an electrical products manufacturer was entitled to coverage rights provided by a predecessor’s commercial general liability policies if it was found liable for environmental remediation costs as a result of cleanup efforts by the US Environmental Protection Agency (EPA) along a 17-mile portion of the Passaic River in … Continue Reading

Core Functions and Cooperative Federalism: EPA’s Draft Strategic Plan

EPA’s draft strategic plan for 2018-2022 represents a dramatic shift in focus to supporting states and tribes as the locus of environmental law implementation and streamlining agency processes to accelerate decisions and increase efficiency. The plan identifies three overarching goals: re-focus EPA on its core mission, restore cooperative federalism and adhere to the “rule of law.” If implemented, the strategic plan should give states latitude to exercise primacy in both policy-setting and implementation of environmental laws.… Continue Reading

What’s Up with Air Quality Standards for Ozone?

In October 2015, EPA reduced the level of the National Ambient Air Quality Standards (“NAAQS”) for ozone from 75 parts per billion (“ppb”) to 70 ppb. What is happening concerning implementation of those NAAQS? Although litigation over EPA’s decision to lower the ozone NAAQS remains in abeyance as the Trump Administration continues to consider whether … Continue Reading

You Can’t Win if You Don’t Play: How EPA’s Risk Evaluation Exclusions Limit TSCA Preemption

Environmental and public-health groups have taken issue with the EPA’s rule establishing procedures for chemical risk evaluations under the revised Toxic Substances Control Act (TSCA), which allows the EPA to exclude certain conditions of use when assessing whether a chemical presents unreasonable risks. These groups fear the exclusions could provide a “loophole” allowing some chemical … Continue Reading

Vapor Intrusion: Acute Exposure Regulatory Developments and Litigation Trends

Over the last decade, regulators have accelerated their focus on vapor intrusion risk at hazardous cleanup sites. This has led to new cleanup standards, policies and guidance to evaluate potential risks, environmental investigation requirements for brownfield redevelopments, and the reopening of previously closed remedial actions. Recently, attention has turned from chronic to acute vapor intrusion … Continue Reading

Making Sense of and Complying with RAGAGEP

The good news about the Process Safety Management (PSM) standard is that it is a performance-based standard. The bad news about PSM, well, is that it is a performance-based standard. While it provides the operator some flexibility on complying, it can often lead to being second-guessed by an agency. Not only does the operator have … Continue Reading

From “All of the Above” to “See What Sticks”

Throughout the Obama administration, federal officials from the President on down touted an “all of the above” approach to energy policy.  At the same time, they pressed forward with environmental regulations—climate change rules in particular—that would have made a seismic shift in the role fossil fuels play in the nation’s energy mix. We all know … Continue Reading

The Rockets’ Red Glare…

Earlier this week, July 4, 2017, was the nation’s 241st birthday. In Washington, DC, and in countless other places across the country, the event was celebrated with dazzling fireworks displays. My childhood days are long behind me. But, a good fireworks display still evokes awe and gives me goose bumps. Although fireworks are synonymous with … Continue Reading

Trump Administration Releases Highly Anticipated Proposal to Rescind WOTUS Rule

Today, EPA and the Corps released a highly anticipated proposal to rescind the Obama Administration’s controversial 2015 Clean Water Rule. The June 2015 rule, which has been stayed since October 2015, would broadly define the scope of “waters of the U.S.” (WOTUS) subject to federal regulation and permitting requirements under the CWA. The proposed rescission is the first step of a two-step process to repeal and replace the 2015 Clean Water Rule with a new WOTUS rule. With today’s proposal, EPA and the Corps are proposing to officially rescind the 2015 rule and continue to implement the regulatory definition in place prior to the 2015 rule while they work to promulgate a new rule to define WOTUS.… Continue Reading

President Trump’s Budget Proposal Would Curb EPA’s Environmental Enforcement Spending by 20 Percent, But Major Enforcement Priorities Would Continue

The White House Office of Management and Budget released on Tuesday the Trump administration’s first full budget proposal for the 2018 fiscal year (starting in October 2017). The comprehensive proposal provides detail about the administration’s policy priorities. If the budget is adopted by Congress as written, the Environmental Protection Agency would face its greatest budget cuts ever. These cuts would broadly impact federal environmental efforts, including the enforcement of federal environmental laws.… Continue Reading

Susan Parker Bodine Nominated to Head EPA’s National Enforcement Office

President Trump recently nominated Susan Parker Bodine to lead the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (“OECA”). OECA is responsible for coordinating the enforcement of federal environmental laws under EPA’s authority. OECA acts through a combination of compliance assistance, administrative enforcement and, in partnership with the US Department of Justice, civil and criminal enforcement.… Continue Reading

Is Superfund Heading in a New Direction?

In 1980, a lame duck Congress passed the nation’s first legislation, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (CERCLA), to address the cleanup of toxic waste disposal sites. Comprehensive amendments were passed six years later. Over the next 30 years, EPA’s enforcement powers were used with increasing regularity and … Continue Reading