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Strategies for Navigating the Rule Revocation Process under the Congressional Review Act and Executive Branch Mechanisms

The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump...more

Environmental Enforcement Update: Supplemental Environmental Projects and Mitigation in the Second Trump Administration

Summary/Key Takeaways - In recent years, federal policy on supplemental environmental projects (SEPs)—voluntary and environmentally beneficial projects resulting from negotiation between the government and an alleged...more

D.C. Circuit Stays Litigation over EPA Rescission of California Waiver to Regulate Vehicle Emissions

On February 8, 2021, the D.C. Circuit issued an order granting the Biden administration’s motion to stay litigation over Part 1 of the Trump-era Safer Affordable Fuel Efficient Vehicles (SAFE) Rule. The order was issued in...more

EPA Updates Enforcement Policy for Tampering and Defeat Devices 

On November 23, 2020, EPA issued a prepublication notice regarding (i) the availability of EPA’s revised enforcement policy for vehicle and engine tampering and aftermarket defeat devices and (ii) EPA’s request for comment on...more

Major Automakers Finalize “Framework Agreements on Clean Cars” with California

Five major automobile manufacturers – BMW of North America, Ford, Honda, Volkswagen Group of America, and Volvo – and the California Air Resources Board (CARB) recently entered into voluntary framework agreements to reduce...more

EPA and NHTSA Finalize Rollback of Vehicle Fuel Economy and GHG Standards

Key Takeaways - • Regulatory Action: Vehicle fuel economy and greenhouse gas emissions standards will increase in stringency by 1.5 percent per year from Model Years (MY) 2021-2026, as compared to MY 2020 levels. But this...more

Novel Citizen Suit Against Automotive Parts Dealer Results in $850K Penalty

Earlier this month, a federal judge ruled that the hosts of the Discovery Channel’s Diesel Brothers show must pay more than $850,000 for violating the Clean Air Act’s (CAA) tampering and defeat device prohibitions. While U.S....more

EPA Policy Provides Enforcement Relief Where Needed Due to Pandemic

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

EPA Rescinds California’s Authority to Regulate Vehicle Tailpipe Greenhouse Gas Emissions and to Implement a Zero-Emission Vehicle...

On September 18, 2019, President Trump announced on Twitter that his administration was “revoking California’s Federal Waiver on emissions in order to produce far less expensive cars for the consumer, while at the same time...more

EPA Issues Policy to Enhance Partnerships With States

EPA’s Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) Susan Bodine recently issued a new policy document titled “Enhancing Effective Partnerships Between the EPA and the States in Civil...more

EPA Finalizes National Compliance Initiatives for FY2020-FY2023

On June 7, 2019, the U.S. EPA Office of Enforcement and Compliance Assurance (OECA) finalized its National Compliance Initiatives (NCIs) for FY2020-FY2023. The NCIs represent EPA’s enforcement and compliance priorities. ...more

As Mobile Source Enforcement Revs Up, Does UPHE v. Diesel Power Gear Presage a Wave of Citizen Suits?

U.S. EPA Clean Air Act mobile source enforcement is on the upswing. Following a recent settlement with an aftermarket automotive parts manufacturer, Susan Bodine, Assistant Administrator for EPA’s Office of Enforcement and...more

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