The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and
Continue Reading DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental Context
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing
Continue Reading Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act
Continue Reading E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B
Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the “bipartisan infrastructure bill,” even though it is no longer a bill, IIJA authorizes over a trillion dollars to an
Continue Reading The Infrastructure Investment and Jobs Act and Remedial Programs
On April 6, the Supreme Court used the “Shadow Docket” to reinstate a Trump administration regulation governing state water quality certifications under section 401 of the Clean Water Act. Louisiana
Continue Reading Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
The Biden administration has prioritized environmental justice and taken steps in this area that impact businesses with U.S. operations. In a Jan. 24, 2022 speech, EPA Administrator Michael Regan spoke
Continue Reading The Biden Administration’s Environmental Justice Policy Agenda: First Steps to Identify How Your Project Fits in the Landscape
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. You may have business reasons not
Continue Reading Penalties Under CERCLA for Denying EPA Access to Test
NOTE: The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m. EST.
On Oct. 18, 2021, United States Environmental Protection Agency (EPA) Administrator
Continue Reading Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
On Sept. 8, 2021, the United States Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ANPRM Notice”) addressing possible future regulation of pyrolysis and gasification
Continue Reading EPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification Units