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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

Alive, for Now: D.C. Circuit Restores Obama-era Risk Management Plan Amendments

On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more

EPA Proposes Rollback to 2016 Methane Rule

On September 11, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to amend various provisions of a key Obama-era regulation that sought to reduce methane emissions from oil and natural gas...more

Stay or Go: D.C. Circuit Halts EPA’s Stay of Obama-era Risk Management Plan Amendments

On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more

EPA Proposes Replacement for Clean Power Plan

On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more

US EPA and DOT Proposal to Freeze Fuel Economy Standards for 2021-2026

On Thursday, August 2, 2018, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) jointly proposed a rule to freeze the fuel...more

EPA to Study Sulfur Limit Impact on Shipping

On July 30, 2018, the U.S. Environmental Protection Agency (EPA) will host a workshop to engage stakeholders in a discussion surrounding the development of a study of the economic impacts of compliance with the North American...more

EPA Modifies Source Determination Test; Narrows Common Control Criteria

Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more

Into the Light or Fade to Black? EPA Administrator Pruitt’s Proposed Secret Science Rule

On April 30, 2018, the Environmental Protection Agency (EPA) published in the Federal Register a controversial proposed rule seeking to restrict the types of scientific research and findings that the EPA can consider in...more

Back-to-Basics Approach on Injunctive Relief

On April 3, 2018, Susan Bodine, Assistant Administrator of U.S. EPA’s Office of Enforcement Assurance and Compliance Assistance (OECA), issued an internal memorandum titled “The Appropriate Use of Compliance Tools in Civil...more

Relax, Don’t Do It: EPA Eases Leak Detection and Monitoring Requirements for Oil and Gas Industry

On February 23, 2018, the Environmental Protection Agency (EPA) issued a prepublication notice to change the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources rule (“2016 Rule”). The...more

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

EPA Delivers on Promise to Delay Risk Management Plant Requirements for Chemical Plants and Refineries

On June 12, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced another extension to the effective date of the Obama-era rule amending federal Risk Management Program (RMP) requirements for...more

The Paris Agreement: Where We Were, Where We Are, Where We Are Going

On June 1, 2017, President Donald Trump announced that the United States would withdraw from the Paris Agreement (the “Agreement”), describing it as “disadvantaging the United States” and indicating that the United States...more

Dumping Medicine: Make Sure Pharmaceutical Wastes Aren’t Left Behind By Regulatory Reform

Regulatory reform has dominated the Trump administration’s environmental policy agenda to date, fueled by Executive Orders requiring agencies to identify unnecessary regulations for revision or outright rescission, and to...more

EPA and Other Agencies to Seek Comment on Ways to Improve “Efficiency, Effectiveness and Accountability"

President Trump has given executive branch agencies 180 days to conduct an internal review and to propose, with input from public stakeholders, reorganization plans to “improve the efficiency, effectiveness, and...more

EPA to the Oil and Gas Industry on its Request for Information: Never Mind

Only months after the Environmental Protection Agency (EPA) first contacted thousands of oil and gas companies demanding detailed information regarding methane releases from gas production facilities and related equipment, it...more

EPA to the Oil and Gas Industry: The Request Is in the Mail

It looks like the Environmental Protection Agency (EPA) will have its own scary treat for the oil and gas industry this Halloween—an information request under Section 114 of the Clean Air Act designed to help EPA regulate...more

EPA IG's Concerns About Oversight of Hospital Disinfectants Reinforces Need for Robust Infection Control Programs

On September 19, 2016, the Inspector General (IG) for the Environmental Protection Agency (EPA) issued the latest in a long line of reports identifying flaws in EPA’s process for ensuring the efficacy of hospital-grade,...more

President Obama Signs the Toxic Substances Control Act Modernization Act

Since its passage in 1976, TSCA has been widely criticized—by industry and environmental groups alike—for its perceived inefficacy. When first passed, TSCA aimed to fill an important gap in the nation’s environmental laws,...more

EPA Proposal Sets Ambitious Carbon Reduction Goals for Power Sector; Creates Challenges and Opportunities for Industry

On June 2, 2014, the Obama Administration unveiled an ambitious administrative proposal that would require states to regulate carbon dioxide (“CO2”) emissions from existing fossil fuel power plants, reducing emissions from...more

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