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SEParating from Tradition: Justice Department Prohibits Use of Supplemental Environmental Projects to Resolve Civil Enforcement...

- Effective March 12, 2020, the U.S. Department of Justice is no longer including supplemental environmental projects (“SEPs”) in the settlement of civil enforcement actions brought by the U.S. Environmental Protection...more

EPA Enforcement Falls Victim to COVID-19

In response to requests for leniency as companies grapple with reduced workforces during the COVID-19 crisis, the U.S. Environmental Protection Agency (EPA) issued a temporary policy announcing that it will exercise...more

Keeping a Close Eye on ESG Issues to Minimize Risk during the COVID-19 Pandemic

- The COVID-19 crisis poses new challenges for companies seeking to manage ESG risks during a period of significant business disruption. - Employers need creative solutions to protect their remote and limited workforces...more

The Latest Fracas over Fracking: Legislation Aims to Ban Fracking

Last week, a subset of the Democratic Senators and Representatives who previously led the introduction of the “Green New Deal” proposed legislation that, while a longshot, would alter dramatically the U.S. energy industry....more

An Inside Look at the House Bill to Revolutionize U.S. Climate Strategy

Key Points - House Democrats have released draft text for the CLEAN Future Act, a comprehensive climate bill that aims to achieve net-zero greenhouse gas pollution throughout the United States by 2050 by directing federal...more

As Bankruptcy Bells Ring in the Outer Continental Shelf, BSEE May Toll for You

In 2014, we wrote about efforts by the U.S. Department of Interior’s Bureau of Safety and Environmental Enforcement (BSEE) to require less traditional parties to fund the decommissioning of idle oil and gas wells and related...more

Agencies Get Their Ducks in a Row on Revising Endangered Species Act Rules

Last week, final rules from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “the Services”) impacting key components of the Endangered Species Act (ESA) were published in the...more

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

The River No Longer Runs through It: EPA to Cease Regulating Releases of Pollutants to Groundwater

After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more

A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases

In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more

Califormaldehyde: EPA Formally Adopts California-Like Requirements for Composite Wood Products

On March 22, 2019, the U.S. Environmental Protection Agency (EPA) will begin to implement its own formaldehyde emission standards as required under the Formaldehyde Standards for Composite Wood Products Act, Title VI to the...more

Don’t Just Investigate; Promulgate! Court Orders Chemical Safety Board to Produce Chemical Reporting Requirements

• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more

Dipping Its Toe in the Groundwater? Supreme Court Eyes Expedited Review for Clean Water Act Case

On December 3, 2018, the Supreme Court of the United States issued an order requesting the Solicitor General to weigh in on a case related to the legal status of some types of groundwater. The catch? The Court’s order comes...more

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