EPA
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U.S. EPA Issues New Rule on EPA Guidance Documents
On September 14, 2020, the United States Environmental Protection Agency (“U.S. EPA”) issued a final rule intended to promote transparency and establish consistent requirements procedures for the issuance of guidance documents. Continue reading
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EPA Finalizes Rollback of Obama-Era Methane Regulations for the Oil and Natural Gas Industry
On August 13, 2020, EPA issued two final rules that will have a significant impact on methane emissions, a potent greenhouse gas. The final rules were issued under the Clean Air Act’s New Source Performance Standards (“NSPS”) for the oil and natural gas industry and rescind Obama-era rules issued in 2012 and 2016. Continue reading
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The End for EPA’s Temporary Enforcement Discretion Policy for COVID 19 Pandemic
On June 29, 2020, the U.S. Environmental Protection Agency (“EPA”) issued a termination addendum to the COVID 19 temporary enforcement policy previously issued on March 26, 2020. As further discussed below, EPA’s temporary enforcement policy will now terminate no later than August 31, 2020. Continue reading
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New Executive Order Presses Agencies to Continue to Seek Regulatory Flexibility in Response to the Covid-19 Pandemic
On May 19, 2020, the President issued an executive order titled “Regulatory Relief to Support Economic Recovery” (“Executive Order”). The Executive Order seeks to “overcome the effects the virus has had on [the] economy.” To do so, executive departments and agencies are encouraged and directed to take appropriate action. Continue reading
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Supreme Court Expands the Reach of Clean Water Act Permitting Authority
On April 23, 2020, the U.S. Supreme Court issued an important decision on the reach of the Clean Water Act (“CWA”). The Court’s decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, Case No. 18–260, addresses whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable… Continue reading
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EPA Proposes Overhaul of Lead and Copper Drinking Water Rule
On October 10, 2019, EPA announced a proposed rule that would significantly revise how public water systems evaluate and address lead in drinking water. Continue reading
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Recent DOJ Directive Marks Continuing Effort to Curb Availability of Supplemental Environmental Projects in Civil Environmental Settlements
On August 21, 2019, the Department of Justice issue a new memorandum reducing state and local governments’ ability to enter into settlement agreements that require the completion of supplemental environmental projects (SEPs) as compensation for alleged environmental violations. Continue reading
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EPA Proposes Rule to Rescind Methane Regulations for the Oil and Gas Industry
On August 28, 2019, EPA issued a proposed rule titled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review (the “Proposed Rule”). The Proposed Rule, if adopted, would rescind certain parts of the New Source Performance Standards (“NSPS”) related to methane and volatile organic compounds (“VOCs”) in the oil and… Continue reading
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EPA Adds Seven Sites to the Superfund National Priorities List
On May 13, 2019, U.S. EPA announced that it is adding seven sites to the Superfund National Priorities List (NPL), which includes the most serious contaminated sites in the country. Continue reading
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Trump Administration Releases Fall 2018 Regulatory Agenda
The Trump Administration has released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions. The EPA-specific regulatory agenda lists 148 regulatory actions in either the proposed rule stage or final rule stage. Continue reading