Tag Archives: EPA

Regulatory Reform: Where Are We Now?

Several departments have released the regulatory reform reports requested by the Trump Administration’s Executive Order 13783, which is intended to speed the progress of and lower the costs of infrastructure and energy projects. Reports are in from the Environmental Protection Agency (EPA), Department of the Interior (DOI), Department of Energy (DOE), and Department of Commerce, … Continue Reading

TSCA Framework Rules Offer Manufacturers Regulatory Clarity

On the one year anniversary of major amendments to the Toxic Substances Control Act (TSCA), the Environmental Protection Agency (EPA) issued three new “framework” rules on how it plans to prioritize and evaluate risks from new chemicals or new uses of chemicals — offering clearer guidance to manufacturers on how chemicals will be evaluated and … Continue Reading

EPA Takes Back Decision-Making Authority for the Most Costly Superfund Cleanups

In a break with long-standing policy, Environmental Protection Agency (EPA) Administrator Scott Pruitt has taken back authority to approve remedies costing $50 million or more at Superfund sites effective immediately. According to the delegation of authority memo issued on May 9, 2017, the purpose of these revisions is to promote accountability and consistency in the … Continue Reading

EPA Litigation Snapshot: Pivotal Cases See Continued Delays

As the Trump-era Environmental Protection Agency (EPA) continues the process of reconsidering Obama-era decisions, we have seen a flurry of EPA-requested stays on ongoing litigation related to rules and decisions from the prior administration. The courts have generally been willing to grant these motions, issuing 60, 90, or 120-day stays for most cases.… Continue Reading

Trump EPA Delays Ongoing Obama-Era Litigation

President Trump recently issued two executive orders that aim to reform administrative regulations and improve domestic energy production. On January 30, 2017, President Trump issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” which, among other things, introduced a regulatory impact cost cap for 2017. On March 28, 2017, President Trump issued Executive Order … Continue Reading

EPA Announces Stay of Deadlines and Reconsideration of ELGs for Steam Electric Power Plants

On April 12, 2017, the EPA announced that it will reconsider and administratively stay future deadlines of the 2015 final rule that set new, technology-based effluent limitations guidelines (ELGs) and standards for steam electric power plants under the Clean Water Act. The final rule places significant burden on affected segments of the steam electric power … Continue Reading

Are We Facing the Decline of Chevron Deference and an Article III Renaissance?

In February, presidential advisor Steve Bannon stated that a primary goal of the Trump administration was the “deconstruction of the administrative state.” One feature of the administrative state is “administrative deference,” which involves courts deferring to federal agencies’ interpretations of federal statutes – a topic that we have discussed repeatedly in the past few months, … Continue Reading

California Prop 65 Decision Raises New Potential Conflict with Federal Pesticide Product Registration and Labeling Requirements

Monsanto officially lost its fight to avoid a Prop 65 warning label on its products containing glyphosate, a chemical used in the popular herbicide Roundup. As we previously reported, Monsanto argued that the State of California’s reliance on an unelected, European organization to decide that glyphosate poses a cancer risk was improper. Last month, a … Continue Reading

Congress Amends RCRA and Establishes a New Coal Ash Permit Program

On December 16, 2016, President Obama signed the Water Infrastructure Improvements for the Nation (WIIN) Act into law. The WIIN Act is heralded as a bill addressing navigation and flood control, and authorizes funding to address drinking water emergencies in communities like Flint, Michigan. Included in the WIIN Act are amendments to the Resource Conservation … Continue Reading

TSCA and Asbestos—a New Approach or One That Reveals the Same Old Problems?

On November 29, EPA announced that it will review the hazard and exposure risks caused by asbestos. Asbestos will be one of the first ten substances to be evaluated under the TSCA amendments commonly referred to as the Lautenberg Act. As we have discussed elsewhere, TSCA now requires EPA to produce a risk evaluation work … Continue Reading

Asbestos Among First Ten Chemicals to be Reviewed Under the Amended TSCA

EPA announced on June 29, 2016, that asbestos and nine other chemicals will be reviewed for hazard and exposure risks under the new procedures of the Lautenberg Chemical Safety Act, the June 2016 amendment to the Toxic Substances Control Act. Now that the ten chemicals have been chosen, EPA must produce a risk evaluation work … Continue Reading

EPA Must Examine Effects of Clean Air Act Regulations on Jobs

Under a recent summary judgment decision from a federal district judge, the EPA must continuously examine the effects that certain Clean Air Act (CAA) regulations have on employment in the coal industry specifically and other industries more broadly. This means the EPA will be subject to increased requirements before taking action under the CAA. The ruling … Continue Reading

Methane Rule Update—Industry and Environmental Groups Seek Reconsideration

As we previously wrote on this blog, the U.S. Environmental Protection Agency finalized New Source Performance Standards for methane emissions from the oil and gas industry on June 3, 2016. Both industry and environmental groups later submitted petitions for reconsideration of certain aspects of these New Source Performance Standards (the Methane Rule), which are now … Continue Reading

Senate Opens the Tap on Water Infrastructure Spending and Creates New Coal Ash Permit Program

On Thursday, September 15, the Senate voted 95-3 in favor of the Water Resources Development Act of 2016, S. 2848 (WRDA). The headline feature of the bill is funding for cities dealing with lead emergencies like the one that affected Flint, Michigan, but the bill also contains provisions that are important to businesses in sectors … Continue Reading

EPA Updates Cross-State Air Pollution Rule for the 2008 Ozone NAAQS

On September 7, 2016, the United States Environmental Protection Agency (EPA) issued a final rule updating the Cross-State Air Pollution Rule (CSAPR) ozone season trading program.  The rule promulgates more stringent ozone season NOx budgets in several states.  CSAPR was promulgated to implement the “good neighbor” provision of the Clean Air Act, which requires states … Continue Reading

EPA Denies Petitions to Review Startup and Shutdown Issues under MATS and Utility NSPS

On August 5, 2016, the Environmental Protection Agency (EPA) denied two petitions by environmental and industry groups to reconsider startup and shutdown issues under the Mercury and Air Toxics Standards (MATS) rule and the Utility New Source Performance Standards (NSPS). These regulations, finalized in February 2012, impose operational requirements to minimize emissions during periods of … Continue Reading

EPA Must Regulate Airplane Greenhouse Gas Emissions

As we wrote about previously, in February 2016 the International Civil Aviation Organization (ICAO) proposed international standards to limit the emissions of greenhouse gas (GHG) emissions from airplane engines.  Last week, the EPA finalized the first step to create domestic emissions standards for airplanes when it officially found that GHG emissions from certain types of … Continue Reading

Toxic Substances Control Act Revised for the 21st Century

On June 22, 2016, President Obama signed the Lautenberg Chemical Safety Act into law.  The Act is the first significant change to the 1976 Toxic Substances Control Act in 40 years and amends the Environmental Protection Agency’s (EPA) methods for reviewing chemical substances before they are marketed and allowed to be used in consumer products. … Continue Reading

Insurers’ Duty to Defend May Be Triggered at Early Stages of CERCLA Enforcement Process

On May 11, 2016, the 9th Circuit held that EPA information requests under CERCLA § 104(e) may trigger general liability insurers’ defense obligations.[1] This case marks the second time that the Ninth Circuit has held that § 104(e) letters — which often merely request information and do not designate an entity as a Potentially Liable Party (PRP) — … Continue Reading
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