On July 12, 2021, Physicians for Social Responsibility (“PSR”) issued a highly speculative report that raised concerns about a chemical approved by the EPA in 2011 for use in hydraulic fracturing fluid that “might” degrade...more
For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more
In February 2021, Securities and Exchange Commission (SEC) Acting Chair Allison Herren Lee directed the Division of Corporation Finance to focus on climate-related disclosures and use their insights to begin updating the...more
On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risks (the “Executive Order”), which we have summarized here. The Executive Order broadly addresses Federal climate policy, including the...more
6/30/2021
/ Clean Air Act ,
Climate Action Plan ,
ESPCs ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Greenhouse Gas Emissions ,
Greenwashing ,
Intended Nationally Determined Contributions (INDC) ,
Joe Biden ,
Paris Agreement ,
Popular ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
USDA
The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021 (the “Memorandum”), that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters....more
One of the unique, and often overlooked, investigative bodies in Washington, D.C. is the United States Congress. With Representatives and Senators in constant fundraising and re-election cycles and the constant challenge of...more
While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more
On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement...more
In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more
PFAS (per- and poly-fluoroalkyl substances) have garnered significant national attention in the last few years. PFAS have made recent headlines in multi-million dollar settlements, Biden campaign promises, proposed EPA rules,...more
Within the first month of the Biden administration, we have seen a high level of attention on per- and polyfluoroalkyl substances (“PFAS”). Increased focus on these “forever chemicals” is setting the stage for a challenging...more
On February 5, 2021, the acting head of the U.S. Department of Justice (“DOJ”) division that brings environmental enforcement cases issued a memo revoking nine policy directives from the prior administration, including...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
On January 27, 2021, President Biden released an “Executive Order on Tackling the Climate Crisis at Home and Abroad.” Among a host of sweeping proclamations and orders involving foreign and domestic policy on climate change,...more
On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more
PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
1/28/2021
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Department of Natural Resources ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
OECA ,
OIRA ,
Performance Standards ,
Renewable Energy ,
Supplemental Environmental Project (SEP) Policy
The Biden administration identified environmental justice (“EJ”) as a campaign priority1 and the Biden-Harris team has continually emphasized its commitment to environmental justice, stating that the administration would...more
On December 1, 2020, Singaporean shipping company Pacific Carriers Limited (“PCL”) entered a $12 million plea agreement to resolve criminal charges that it knowingly failed to record illegal discharges of oil waste and...more
On March 26, 2020, as government officials issued a slew of stay-at-home orders, the U.S. Environmental Protection Agency (EPA) published an emergency policy memorandum describing how the agency would exercise its enforcement...more
On June 29, 2020, the EPA issued an Addendum to its March 2020 COVID-19 Temporary Enforcement Policy (“Policy”) announcing that the Policy will terminate in its entirety on August 31, 2020. The Addendum also indicates that,...more
As companies navigate the unprecedented effects on business operations and supply chains caused by the COVID-19 pandemic, complying with local, state, and federal environmental laws and regulations has presented new...more
6/5/2020
/ Business Operations ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Environmental Liability ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Risk Mitigation ,
State Agencies ,
Webinars
On May 19, 2020, the Environmental Protection Agency (“EPA”) released a proposed rulemaking that would codify the EPA’s practice under the Trump administration’s Executive Order 13891 “Promoting the Rule of Law Through...more
On April 14, 2020, for the first time, the Department of Justice (“DOJ”) published a list identifying all corporate monitors actively engaged by companies as a part of criminal resolutions with the Criminal Division’s Fraud...more
On April 10, 2020, the Environmental Protection Agency (“EPA”) Office of Land and Emergency Management released “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (“Guidance”). This memorandum provides...more