In National Environmental Development Association’s Clean Air Project v. EPA, decided June 8, 2018, the D.C. Circuit Court of Appeals upheld an EPA rule providing that adverse federal court decisions, other than those of the U.S. Supreme Court or the D.C. Circuit, will not automatically apply uniformly nationwide.
Read MoreOn June 8, 2018, EPA announced an advanced notice of proposed rulemaking on how the agency considers the costs and benefits of environmental regulations. Since 1981, Executive Orders have required EPA to assess the costs and benefits of its significant regulatory actions. In addition, many environmental statutes require or allow consideration of costs and benefits, albeit with differing standards and terminology. The statutes leave the specifics of how costs and benefits are considered to the agency.
Read MoreIn the May 30, 2018 Federal Register, EPA published a proposed rule to rescind the Risk Management Program Amendments rule issued in January 2017. The rulemaking is consistent with other EPA efforts to undo rules issued during the twilight of the prior administration.
Read MoreIn the April 30, 2018 Federal Register the US EPA published a proposed rule designed to improve public access to the science underlying the agency’s major regulatory decisions.
Read MoreComplying with environmental laws is hard. The regulations and permits are complex, and very often the regulated entity is unsure of its compliance status until after an inspection. What if there was a way to investigate and resolve potential compliance issues under the protection of evidentiary privilege and without paying significant administrative penalties? A privileged environmental audit may allow just that.
Read MoreOn January 25 EPA issued a Policy reversing its May 1995 memorandum, “Potential to Emit for MACT Standards – Guidance on Timing Issues” by John Seitz, Director, Office of Air Quality Planning and Standards (the “Seitz Memo”). The Seitz Memo established EPA’s policy that requiring any facility that was a major source of hazardous air pollutants (HAP) on the first compliance date of an applicable MACT standard to permanently comply with that MACT standard. It was commonly called EPA’s “once-in-always-in” MACT policy.
Read MoreEPA recently increased the maximum administrative penalties under Federal environmental statutes.
Read MoreWhat are the best practices for preserving a claim that a document is subject to the attorney-client privilege?
Read MoreMost of us have heard the saying, “who you know is as important as what you know.” This holds true for businesses subject to complex environmental laws and regulations.
Read MoreResponding to EPA information requests can be tricky. Here are some considerations to keep in mind when developing a response.
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