Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more
7/15/2020
/ Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Executive Orders ,
Infrastructure ,
NEPA ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Reform ,
Secretary of Defense ,
Trump Administration ,
US Army Corps of Engineers
In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more
As reported in a number of our newsletter articles over the past several years, both the Obama Administration, through its Clean Water Rule, and the Trump Administration have pursued major changes to the scope of...more
As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more
5/8/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more
An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more
4/30/2020
/ Clean Water Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
National Marine Fisheries Service ,
Navigable Waters ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
Waters of the United States ,
Wetlands
The two-step regulatory process initiated in 2017 by EPA and the U.S. Army Corps of Engineers (together, the “Agencies”) to revise the regulatory definition of “waters of the United States” (“WOTUS”) continues its methodical...more
1/14/2020
/ Administrative Procedure Act ,
Clean Water Act ,
Clean Water Rule ,
Commerce Clause ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Rapanos v US ,
Regulatory Violations ,
Substantial Nexus ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more
10/31/2019
/ CERCLA ,
Coal ,
Coal Ash ,
Coal Industry ,
Consultants ,
Enforcement ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Federalism ,
Hazardous Waste ,
Proposed Rules ,
Section 401 ,
Stormwater Discharge Permits
This summer brought typical thunderstorms, but it also brought a shower of new and changed requirements for construction activities as part of the recently renewed regulation for the General VPDES Permit for Discharges of...more
Goodbye LIBOR - Hello Operational Headache!
A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost...more
10/22/2019
/ ALTA ,
Bankruptcy Code ,
Benchmarks ,
Consumer Bankruptcy ,
Interest Rates ,
Land Preservation ,
Landlords ,
Libor ,
Marijuana ,
Pay if Paid ,
Stormwater Discharge Permits ,
Surety Bonds ,
Tax Credits ,
Tenants ,
Title Insurance
In 2016, EPA published the long-anticipated Hazardous Waste Generator Improvement Rule (HWGIR) updating requirements for generators of hazardous waste. The HWGIR also clarifies EPA polices governing accumulation of hazardous...more
In the ever-increasing effort to control nutrient (phosphorous and nitrogen) loads into the Chesapeake Bay watershed, Virginia and other Bay states are looking for additional means to ratchet down nutrient-laden stormwater...more
7/16/2019
/ Chesapeake Bay ,
Department of Environmental Quality ,
Discharge of Pollutants ,
General Permit ,
Industrial Storm Water Permit ,
New Regulations ,
Pollution Control ,
Solid Waste ,
TMDL ,
Waste Treatment Facilities ,
Wastewater
If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more
6/7/2019
/ Air Pollution ,
BFPP ,
Cap-and-Trade ,
Carbon Emissions ,
CERCLA ,
Chesapeake Bay ,
Clean Water Act ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater Management Plan ,
Hazardous Waste Pharmaceuticals Rule ,
NGOs ,
Pollution Control Board ,
Real Estate Development ,
State Funding ,
TMDL
In early April 2019, Virginia released its draft Phase III Watershed Implementation Plan (“Draft Plan”) to achieve compliance with EPA’s 2010 Chesapeake Bay Total Maximum Daily Load Rule (“Bay TMDL”). The Bay TMDL sets...more
For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more
4/1/2019
/ Construction Project ,
Discharge of Pollutants ,
Environmental Liability ,
Environmental Violations ,
Groundwater Management Plan ,
Hazardous Waste ,
Land-Use Permits ,
Manufacturing Facilities ,
Permits ,
Risk Management ,
Storm Damage ,
Storm Water
In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”). The regulations set an...more
4/1/2019
/ Audits ,
Carbon Emissions ,
Department of Justice (DOJ) ,
Drinking Water ,
Emissions Trading System ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Flooding ,
Fossil Fuel ,
Governor Northam ,
Landfills ,
PFAS ,
Pollution Control Board ,
Power Plants ,
RGGI ,
Storm Damage ,
Storm Water ,
Waste Management
EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more
12/20/2018
/ Agricultural Sector ,
Bureau of Land Management ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Deregulation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Farm Animals ,
Government Reorganization ,
Groundwater Management Plan ,
Oil & Gas ,
Regulatory Standards ,
Reporting Requirements ,
Toxic Substances Control Act (TSCA) ,
Utilities Sector
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
10/3/2018
/ Adjacent Property Owners ,
Clean Air Act ,
Clean Water Act ,
Clean Water Rule ,
Coal ,
Coal Ash ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New Guidance ,
RCRA ,
Sierra Club ,
Strategic Enforcement Plan ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
In the evolving Sierra Club v. Virginia Electric & Power Company case, the U.S. Circuit Court of Appeals for the Fourth Circuit has just reversed a Virginia-based federal district court on the key issue of whether a coal ash...more
10/2/2018
/ Clean Water Act ,
Coal ,
Coal Ash ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Landfills ,
NPDES ,
Reversal ,
Sierra Club ,
Water Pollution
The saga of the federal Clean Water Act’s definition of “waters of the United States” (“WOTUS”) has taken more turns recently, including a significant setback for the Trump Administration’s efforts to transition away from the...more
10/2/2018
/ Administrative Procedure Act ,
Barack Obama ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Property Owners ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
EPA has proposed a major change in how it uses and relies upon scientific data and analysis for its rulemakings. The proposed rule would increase the transparency and availability of such data and analysis “pivotal to [EPA’s]...more
New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more
5/3/2018
/ Clean Air Act ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Groundwater Management Plan ,
Landfills ,
Manufacturers ,
Methane ,
Mining ,
NPDES ,
POTWs
EPA recently announced that it is seeking comments on how to address one of the more vexing issues involving EPA’s jurisdiction under the Clean Water Act (“CWA”): whether discharged wastewater or stormwater that passes...more
Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more
2/14/2018
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
Title V