Overview and Potential Action for Industry Stakeholders -
On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...more
The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements...more
Key Takeaways -
• What happened? On July 1, 2021, the Center for Biological Diversity (the “Center”) petitioned the Ninth Circuit to review EPA’s issuance of the 2021 National Pollutant Discharge Elimination System...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 Office of Management and Budget (OMB) announced that it will solicit public comments on the interim social cost of carbon (SCC) metrics released in February by the Interagency Working Group on the Social Cost of...more
On May 3, 2021, EPA announced its first major climate change rule under the Biden Administration, proposing to phase down the manufacture and import of hydrofluorocarbons (HFCs), which are potent greenhouse gases. EPA...more
Key Takeaways -
• What Is Happening? The U.S. Environmental Protection Agency (EPA) finalized the 2021 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges...more
On February 5, 2021, EPA posted on its website updated Frequently Asked Questions (FAQs) in connection with its Audit Policy Program. EPA’s Audit Policy, first created in 1995, provides important incentives for regulated...more
On November 7, Joe Biden was projected to become President-elect. This news alert provides a high-level review of issues to watch and changes to expect in a Biden administration. Although the makeup of the Senate is not yet...more
On August 31, 2020, the Office of Management and Budget (“OMB”) issued Memorandum M-20-31 (the “Memo”), which implements directives from a prior executive order to improve and reform administrative enforcement and...more
B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more
On July 27, 2020, U.S. Department of Justice (DOJ) Assistant Attorney General (AAG) Jeffrey Bossert Clark issued a memorandum setting forth limitations to federal civil enforcement discretion concerning certain Clean Water...more
On August 31, the U.S. Environmental Protection Agency (EPA) will terminate its March 26, 2020 policy that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy identified...more
EPA has recently confirmed that it is reviewing its March 26, 2020 guidance that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy, described in a prior Beveridge and...more
Now that the 2019 Toxic Release Inventory reports are just about done, it is time to look ahead. If you or your clients manufacture cosmetics, cookware, medical devices, food packaging, carpets, textiles, outdoor gear or...more
The U.S. Environmental Protection Agency (EPA) published a final rule to interpret the requirements for water quality certification under section 401 of the Clean Water Act. This Section grants states and approved tribes the...more
During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more
In what may be the beginning of the final chapter of a long-running saga over water quality standards in Washington State (Washington), the U.S. Environmental Protection Agency (EPA) has approved the removal of federal human...more
Key Takeaways -
• Environmental NGOs plan to heavily scrutinize regulated entities’ compliance and EPA’s handling of non-compliance during the pandemic.
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Key Takeaways:
What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more
On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more
The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more
On January 23, 2020, the U.S. Environmental Protection and U.S. Army Corps of Engineers finalized a long-awaited new rule redefining the term “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The Agencies...more
On December 20, 2019, the U.S. Court of Appeals for the Ninth Circuit ordered the Environmental Protection Agency (EPA) to issue “long overdue” total maximum daily loads (TMDLs) for water temperature for the Columbia and...more
EPA has taken another step toward implementing its PFAS Action Plan by publishing an Advanced Notice of Proposed Rulemaking (ANPR) on December 4, 2019, 84 Fed. Reg. 66369. The ANPR solicits comments on whether per- and...more