On Sept. 14, 2020 the Dutch minister of Economic Affairs and Climate informed the Dutch Parliament that the EU Commission does not consent to the granting of subsidies for the
Continue Reading EU Commission Limits the Netherlands’ Plans to Subsidize Green Hydrogen Production
Compliance
New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values
Last month, I wrote about the “Environmental Justice for All Act,” a bill that proposes a finding that vulnerable populations are disproportionately burdened by environmental hazards. New Jersey is…
Continue Reading New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values
U.S. Department of Justice Revises its Guidance on Evaluating Corporate Compliance Programs
By Christopher Bell on
On June 1 the criminal division of the U.S. DOJ revised its guidance to DOJ attorneys on how to evaluate corporate compliance programs. DOJ considers the “adequacy and effectiveness” of…
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Mexican Official Standard NOM-017-CRE-2019: Clean Energy Measurement and Compliance Assessment
The Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE”) published Mexican Official Standard (Norma Oficial Mexicana) NOM-107-CRE-2019, Methods for measuring variables to calculate the percentage of…
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EPA Inspector General Finds Declining Enforcement and Compliance Resources and Outcomes
By Bernadette M. Rappold on
An EPA Inspector General (IG) report issued on March 31 found that agency enforcement and compliance activity and resources have generally declined – substantially on certain measures – between Fiscal…
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U.S. Environmental Protection Agency Issues Enforcement Discretion Policy to Address Civil Noncompliance during the COVID-19 Pandemic
By Bernadette M. Rappold on
The U.S. Environmental Protection Agency (EPA) issued a memorandum (Susan Parker Bodine, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” U.S. EPA, March 26, 2020) (Discretion Memo)…
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Meeting Environmental Compliance and Cleanup Requirements During the Pandemic
In addition to causing infection and illness, the COVID-19 pandemic is creating challenges for organizations contending with employee quarantines and isolation, supply chain and logistics disruptions, and other operational changes.
While environmental compliance may not be top-of-mind right now for most Americans, it still is a critical consideration for organizations with environmental compliance or cleanup obligations.
Many environmental laws and settlement agreements provide relief valves in certain emergency or force majeure situations. But given that the regulators themselves may be quarantined or teleworking in the coming weeks and months, organizations can take certain steps now to ensure they are able to maintain environmental compliance during the COVID-19 pandemic or to obtain relief based on force majeure, impossibility or impracticability of performance, compliance-with-all-laws clauses, enforcement discretion, or emergency relief provisions.
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Congress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference Report
By Keith E. Smith, Katie P. Reed˘ & Steven Barringer on
On Dec. 11, the House of Representatives passed S. 1790, the National Defense Authorization Act (NDAA) conference report. The Senate followed suit on Dec. 17, bringing an end…
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EPA’s Final Risk Management Program Reconsideration Rule More In-Step with OSHA’s Process Safety Management Standards
The Environmental Protection Agency recently announced a final rule rescinding major amendments to the Clean Air Act §112(r) Risk Management Program (RMP) regulations that were promulgated at the end of
Consulting With Native American Tribes on Energy and Infrastructure Development: Strategies for Reducing Project Risk
By Troy A. Eid on
“Tribal consultation” refers to the federal government’s legal obligation to consult with Native American tribes on energy and infrastructure projects, such as highways and railroads, pipelines, telecommunications towers and systems,…
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