Category: EPA

COVID-19 / EPA
Posted by:

NGOs Petition U.S. EPA for “Emergency Rule” to Require Disclosure of Environmental Noncompliance Due to COVID-19

On April 1, a group of twenty-one organizations sent a petition to the U.S. Environmental Protection Agency seeking accountability for companies that utilize a recently announced non-enforcement policy. The policy pertains to a relaxation of U.S. EPA enforcement of environmental testing, monitoring, and other compliance-related activities. The petition requests that EPA publish a new rule that requires public notification when a facility does not conduct environmental monitoring or reporting in reliance on EPA’s non-enforcement policy.

As previously reported, the EPA published a memorandum on …

Continue Reading
Automotive / EPA
Posted by:

The Last Step – EPA Finalizes Rollback of Obama-era Automotive Pollution Targets

On April 1, 2020, the Environmental Protection Agency announced its final rule to rollback Obama-era automobile fuel efficiency standards. The new rule will allow vehicles on American roads to emit nearly a billion tons more carbon dioxide over the lifetime of the vehicles than they would have under the prior administration’s standards.

The new rule, which is expected to be implemented by late spring, will roll back a 2012 rule that required automakers’ fleets to average about 54 miles per gallon by 2025. Under the …

Continue Reading
COVID-19 / EPA
Posted by:

COVID-19: EPA Limits Enforcement of Environmental Laws During Coronavirus Emergency

The U.S. Environmental Protection Agency (EPA) has announced a temporary policy regarding EPA enforcement of environmental legal obligations during the ongoing COVID-19 pandemic.  On March 26, 2020, EPA Administrator Andrew Wheeler stated:  “EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements.”  As a result, the EPA’s temporary enforcement discretion policy – which is designed to provide …

Continue Reading
Climate Change / EPA / President Trump
Posted by:

Trump Administration: Environmental (Budget) Impact Assessment

Earlier this month, the Trump Administration released its Fiscal Year 2021 Budget requests. As it has in previous years, the administration has proposed steep cuts in funding for the United States Environmental Protection Agency (EPA). Other agencies, such as the U.S. Department of the Interior (DOI), U.S. Department of Energy (DOE), and the U.S. Army Corps of Engineers would also see their budgets trimmed. Although the current Congress is unlikely to agree to such broad-sweeping cuts, the White House’s proposed budget requests provide a strong indicator of the Trump Administration’s priorities. 

The Cuts:

Overall, …

Continue Reading
Agriculture / Clean Air Act / EPA
Posted by:

Clean Air Act Alert: Coalition of Northeastern States Sue EPA over Good Neighbor Violations

Five states and the City of New York filed suit last week against the United States Environmental Protection Agency (EPA) in the Southern District of New York alleging the agency failed to protect the states from ozone pollution traveling downwind, in violation of the Clean Air Act (CAA). The coalition of states, New Jersey, New York, Connecticut, Delaware, and Massachusetts, and the City of New York, are seeking an order that requires the EPA to create a plan to limit ozone emissions carried into the states from certain upwind states, including Illinois, …

Continue Reading
CERCLA / EPA
Posted by:

When Too Much Is Too Much: EPA Declines Further Regulation Over Chemical Manufacturers

The Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed a proposed rule under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to not impose financial responsibility requirements for facilities in the chemical manufacturing industry on Feb. 10, 2020. A number of environmental advocacy groups spurred this action in August 2014 when they filed a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit, seeking financial responsibility rules in this industry and others.

Section 108(b) of CERCLA addresses the promulgation …

Continue Reading
Clean Air Act / EPA
Posted by:

Environmental Groups Send Notice of Intent Seeking Action on Aircraft Greenhouse Gas Emissions

Three environmental organizations submitted a notice of intent to file suit to the United States Environmental Protection Agency (EPA) in January 2020 for its failure to act on greenhouse gas emissions from aircrafts. In a joint letter to the EPA’s administrator and director of the Office of Transportation and Air Quality, the three groups–Center for Biological Diversity, Earth justice, and Friends of the Earth–argue that the EPA’s failure to promulgate standards on greenhouse gas emissions constitutes unreasonable delay under the Clean Air Act. The groups …

Continue Reading
Clean Water Act / EPA
Posted by:

EPA Proposed Rule Changes Questioned Based on Scientific Principles

The Environmental Protection Agency (EPA) is introducing significant changes to reduce environmental regulations on several critical issues, despite sharp criticism from several scientific advisers. The proposed changes reduce the standards governing waterways and wetlands, in addition to those governing gasoline mileage emissions for vehicles within the United States. Other changes are under consideration, including the EPA’s change of its calculation limiting air pollutants from coal-fired power plants, as well as the implementation of restrictions regarding the types of permissible scientific studies when writing new environmental …

Continue Reading
Clean Water Act / EPA
Posted by:

New Lawsuit puts EPA Repeal of WOTUS Rule in the News Again

On December 20, 2019 a coalition of 14 states, including both New York and New Jersey along with the District of Columbia and New York City, filed a lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environment Protection Agency (EPA) and Army Corps of Engineers,  challenging the new rule that redefines the term “waters of the United States” (WOTUS) under the Clean Water Act (CWA), which went into effect on December 23, 2019. The new lawsuit can be added to the list of challenges to the Trump …

Continue Reading
EPA / General
Posted by:

EPA Announces Draft Risk Evaluation for N-Methylpyrrolidon (NMP)

Earlier this month, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft risk evaluation for N-methylpyrrolidon (NMP) under the Toxic Substances Control Act (TSCA). The purpose of a risk evaluation is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of its use and to analyze the risks from potential exposure. The draft risk evaluation will be peer-reviewed by the TSCA Science Advisory Committee on Chemicals (SACC) on December 5- 6, 2019 with a final regulation likely to be …

Continue Reading