Seyfarth Synopsis: The United States Environmental Protection Agency (EPA) released a list of disinfectants to use against SARS-CoV-2, the novel coronavirus that causes COVID-19....more
3/9/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: As an early and aggressive response to potential threats related to the novel coronavirus disease, now identified as COVID-19, the United States Environmental Protection Agency (EPA) activated its Emerging...more
3/3/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
Pesticides ,
Policies and Procedures ,
Public Health ,
Regulatory Requirements ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list....more
12/3/2019
/ Comment Period ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPRM ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals
Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more
10/14/2019
/ Administrative Agencies ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
New Guidance ,
OMB ,
OSHA ,
Public Access Laws ,
Regulatory Agencies ,
Regulatory Reform ,
Transparency ,
Trump Administration
Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’...more
12/21/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more
Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more
2/14/2018
/ Administrative Procedure Act ,
Applicability Date ,
Clean Water Act ,
Due Process ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Inland Waterways ,
National Wildlife Foundation ,
Navigable Waters ,
NRDC ,
State and Local Government ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018.
The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more
11/28/2017
/ Agricultural Land ,
Applicability Date ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Farms ,
Obama Administration ,
Regulatory Oversight ,
Tribal Lands ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more
Seyfarth Synopsis: Last week Administrator Scott Pruitt signed a final rule to further delay the effective date of EPA’s Risk Management Program (RMP) Amendments an additional 20 months to allow the agency to conduct a...more
Seyfarth Synopsis: In a significant proposal, EPA moves to ban the use of TCE in aerosol degreasing and spot cleaning at dry cleaning facilities, as part of a larger effort to ban TCE in other industrial uses.
The U.S....more
Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances.
The U.S....more
Seyfarth Synopsis: The EPA’s new “Hazardous Waste Generator Improvements Rule,” while containing some changes that industry welcomes, also contains new requirements that present challenges for the regulated community. We will...more
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more
11/15/2016
/ Clean Power Plan ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Land ,
Fracking ,
Greenhouse Gas Emissions ,
Groundwater ,
Mineral Leases ,
Moratorium ,
National Enforcement Initiatives (NEIs) ,
Offshore Drilling ,
Paris Agreement ,
Presidential Elections ,
Renewable Energy ,
Repeal ,
Stream Protection Rule ,
Supreme Court Appointments ,
Trump Administration ,
Waters of the United States
Seyfarth Synopsis: EPA publishes new Retail Strategy in an attempt to address the unique challenges the retail sector faces in complying with RCRA’s hazardous waste regulations.
The regulation of hazardous waste in...more
Seyfarth Synopsis: For companies in the freight industry, if sustainability is important at your company or to its board of directors, then you may wish to investigate the EPA’s updated Smartway program, with its new...more
Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts.
In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more
Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more
6/6/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States
Long awaited proposed regulations were published for notice and comment on March 14, 2016 (81 Fed. Reg. 13638) by the U.S. Environmental Protection Agency to strengthen its Risk Management Program (RMP), 40 C.F.R. Part 68....more
The U.S. Senate yesterday passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Chemical Safety Act).
Sen. David Vitter (R-La.), in an announcement, indicated that the legislation creates a...more
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more
12/18/2015
/ Administrative Appeals ,
Administrative Procedure Act ,
Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Ripeness ,
SCOTUS ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil...more