Tag Archives: EPA

Potential New Tools to Sue for a Faster Cleanup

Soil or groundwater cleanups can take a long time. When one person conducts the cleanup and another has an interest in its completion, the two can disagree over the pace of the project. That is typically a three-party issue involving the regulator—for example, the Environmental Protection Agency or the Department of Environmental Protection. Resolving the … Continue Reading

EPA Approves Renewable Fuels Produced from Sorghum Oil; Provides Additional Source of Revenue for Farmers in Wake of Chinese Tariffs

At a nationally-televised news conference July 24, 2018, EPA Acting Administrator Andrew Wheeler announced the approval of biofuels derived from sorghum oil as “advanced” renewable fuels under the Clean Air Act’s Renewable Fuel Standard (RFS) program. See Renewable Fuel Standard Program: Grain Sorghum Oil Pathway (Sorghum Rule) (July 24, 2018, pre-publication version). Wheeler called the … Continue Reading

D.C. Circuit Issues Stay of the EPA’s Latest Effort To Ease Clean Air Act Requirements

On July 18, 2018, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ordered a stay of a recent Environmental Protection Agency (EPA) action that would allow manufacturers to continue to produce trucks with engines that do not comply with the agency’s Clean Air Act caps. In so ruling, … Continue Reading

EPA Issues New Guidance Easing New Source Review Analysis

As part of its growing reinterpretation of Clean Air Act requirements, the U.S. Environmental Protection Agency (EPA) has issued a new guidance (Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program (March 13, 2018) (Guidance)) altering the agency’s policy on when preconstruction permits are required under the New Source Review (NSR) program for … Continue Reading

Can the Environmental Rights Amendment Protect Pennsylvanians From EPA Cuts?

President Donald J. Trump and his administration have focused on the EPA during his time in office, particularly in regards to its funding, and its regulations. The president has taken several high-profile steps in addressing climate change, including pulling the United States out of the Paris climate accord and proposing the repeal of the Clean … Continue Reading

Environmentalists Score Clean Water Act Victory Which May Affect Permitting Status

While litigants and the U.S. Environmental Protection Agency (EPA) continue to debate the fate of the agency’s 2015 rule defining jurisdictional waters under the Clean Water Act (Act), environmentalists have scored a victory – one that may cause a widespread re-evaluation of permitting status. Last week the Ninth U.S. Circuit Court of Appeals upheld a … Continue Reading

EPA Nixes Decades-Old Policy on Toxic Air Pollution

Jettisoning 23-year old doctrine, the U.S. Environmental Protection Agency (EPA) announced last week in guidance (“Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act,” Memorandum from William L. Wehrum, EPA (January 25, 2018)) that it was abandoning its “once-in-always-in” (OIAI) policy that branded stationary air pollution sources as “major … Continue Reading

EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans

EPA concluded in draft risk assessments that a widely used herbicide in the United States that controls weeds and grasses— glyphosate—is “not likely to be carcinogenic to humans.”  Importantly, the assessment also “found no other meaningful risks to human health when the product is used according to the pesticide label.”  According to EPA, this finding … Continue Reading

What You Need to Know About the Superfund Task Force’s Recommendations

There are over 1,300 sites listed on the Environmental Protection Agency’s National Priorities List of contaminated sites that require cleanup, over a hundred of which are located in Pennsylvania. In May, EPA Administrator Scott Pruitt promised to get “hands-on” with the Superfund program in order to expedite the cleanup of contaminated sites around the country, … Continue Reading

Department of Interior’s Call for Identification of Rules for Repeal, Modification, or Replacement

The Department of the Interior (the Department) last week issued a Federal Register notice calling on the public to identify regulations for repeal, replacement, or modification. The Department’s action is part of President Trump’s regulatory reform agenda, as embodied in Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which outlines the new administration’s goal of … Continue Reading

The EPA’s Call for Identification of Rules to be Changed Results in a Majority of Comments in Support of EPA Regulation

We write to follow up on last month’s blog post, GT Alert, and webinar on the April 13 issuance of a federal register notice by the U.S. Environmental Protection Agency (EPA) calling for submissions to identify regulations for repeal, replacement, or modification. The agency set a 30-day timeframe for response. Despite that tight timeframe, the … Continue Reading

New Delegation Centralizes Largest Superfund Cleanup Decisions

In a move designed to streamline approvals of and ensure consistency among the largest Superfund cleanups, EPA Administrator Scott Pruitt last week approved a new delegation of authority giving him and his yet-to-be-named deputy the final signature authority to approve large Superfund cleanups over $50 million. Prior to the revision, approval authority rested with EPA’s 10 regional … Continue Reading

Product Stewardship and Textiles

The environmental parameters associated with textiles continue to attract both regulatory and value chain attention. In an interesting development, Vietnam just relaxed its chemical testing rules for exported textiles (e.g., textiles and apparel exported to the U.S. and EU markets), specifically for formaldehyde and aromatic amines. Formaldehyde is frequently used in treating textiles, including popular … Continue Reading

EPA Solicits Comments on Regulatory Reform

On April 13, the U.S. Environmental Protection Agency (EPA) published a request for comments to aid EPA’s ongoing “Evaluation of Existing Regulations,” which seeks to identify regulations that may be appropriate for repeal, replacement, or modification. Comments must be submitted by May 15, so parties interested in taking this opportunity to help EPA identify regulations … Continue Reading

EPA Issues Final Hydraulic Fracturing Report, Concluding that The Practice “Can Impact Drinking Water Resources under Some Circumstances”; Follow-on Federal Regulation Highly Unlikely

When Congress first tasked the Environmental Protection Agency in 2009 with studying the impacts of hydraulic fracturing on drinking water resources, pundits on both sides of the debate collectively held their breath: at last, they thought, there would be an independent, comprehensive, scientific study of the oil and gas extraction technique. Seven years in the … Continue Reading

EPA’s Amendments to the Standards for Hazardous Waste Generators

Last month, the U.S. Environmental Protection Agency published its amendments to, and reorganization of, the regulations governing generators of hazardous waste, 81 Fed. Reg. 85,732 (Nov. 28). These rules govern the hundreds of thousands of enterprises nationally that produce wastes characterized or listed as hazardous under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. … Continue Reading

EPA Seeks to Impose Financial Responsibility Requirements on Hardrock Mine Operators

On Dec. 1, the Environmental Protection Agency (EPA) administrator signed a proposed rule, “Financial Responsibility Requirements under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry,” which would impose new financial responsibility requirements for current owners and operators of hardrock mines, including numerous metal mines in the western United States. Federal Register … Continue Reading

Buckle Up for a Wild Ride: Environmental Policy in the Trump Administration

Millions of Americans are coming to grips with the broad social and political ramifications of Donald Trump’s stunning upset victory in last Tuesday’s presidential election. And while the president-elect’s policy pronouncements to date have been short on detail, one thing is clear: those concerned with environmental protection and climate change had better buckle up for … Continue Reading

Independent Scientific Panel Faults the EPA’s Landmark Hydraulic Fracturing Study

In a detailed, 180-page report released Aug. 11, the EPA’s Science Advisory Board (SAB) faulted the clarity and conclusions of the agency’s landmark study on the environmental impacts of hydraulic fracturing, the high-pressure injection of water, sand and chemicals to break open shale and other “tight” geologic formations to release gas and other hydrocarbons. In … Continue Reading

Ability to Challenge Agencies in Court is ‘Judicial Activism’ Both Sides Can Support

The U.S. Supreme Court will soon decide a case that may allow federal courts to involve themselves in a greater number of public policy disputes. With that in mind, Shareholder Jerry Stouck authored his recent column for the National Law Journal discussing Hawkes Co., Inc. v. EPA, argued on March 30, which will decide whether … Continue Reading

Regulation of Bisphenol A (BPA) Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016

Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the Proposition 65 list on May 11, 2015, as a chemical known to cause reproductive toxicity.  Effective May 11, 2016, private enforcers may bring lawsuits to … Continue Reading

Massachusetts Regulates Fertilizer Use to Reduce Nutrient Water Pollution

Following a developing trend around the country, the Massachusetts Department of Agriculture (DAR) recently promulgated regulations restricting how fertilizers containing phosphorous, nitrogen or potassium may be applied.  The goal of these regulations is to reduce nutrient loading to waterbodies, which can lead to eutrophication and other negative water quality impacts. The regulations, promulgated at 330 … Continue Reading

U.S. Supreme Court Reverses and Remands MATS to D.C. Circuit for EPA Failure to Consider Costs

In a 5 to 4 split decision, the U.S. Supreme Court ruled on Monday, June 29th, that the U.S. Environmental Protection Agency (“EPA”) unreasonably interpreted the federal Clean Air Act (“CAA”) when EPA decided deemed that costs were irrelevant in deciding whether to regulate hazardous air emissions from electric utility sources under section 112 of … Continue Reading

FutureGen Receives EPA Permits for Underground Injection

On August 29, 2014, EPA issued the first Class VI underground injection control permits to FutureGen Industrial Alliance Inc., of Jacksonville, Illinois.   Four permits were issued for injection wells for the purpose of the geological sequestration of carbon dioxide.  FutureGen proposes to capture CO2 from a coal fired power plant near Jacksonville, Illinois, purify the … Continue Reading
LexBlog