The Trump administration’s EPA has again finalized changes to the CCR Rule. The most recent rule change—”Part B”—provides an exception to the Rule’s mandate that all unlined impoundments close on or before April 11, 2021. If the rule stands—a big if, for several reasons explained below—certain unlined impoundments may be permitted to continue to
U.S. Environmental Protection Agency Set to Scale Back Enforcement Actions During COVID-19
On March 26th, the U.S. Environmental Protection Agency (“EPA” or “Agency”) issued a sweeping guidance memorandum, announcing its intent not to bring enforcement actions for a range of violations of environmental laws caused by the ongoing COVID-19 pandemic.
For an indefinite period of time, “[i]n general, the EPA does not expect to seek penalties for
Illinois Coal Ash Law Kicks Ash Impoundment Excavation Determinations to Regulators
The Illinois General Assembly has passed the Coal Ash Pollution Prevention Act. Once it is signed into law by Governor Pritzker, Illinois will become the latest state to address a legacy of coal power generation with targeted legislation. The impacts of the law – financial, environmental and operational – could be immense. The most
Even Some Republicans Want EPA to Regulate PFOS and PFOA
According to POLITICO, even Republicans in Congress are concerned that the EPA will not move forward with a rulemaking to regulate PFOS and PFOA. It appears acting EPA Administrator Andrew Wheeler has already approved a decision, contained in the agency’s forthcoming chemical management plan, not to add the chemicals to the group of
EPA Enforcement Is Down During First Nine Months Under Scott Pruitt
The New York Times published a report over the weekend detailing a fall-off in the EPA’s enforcement activities during Scott Pruitt’s tenure as EPA Administrator. The changes are driven by top down directives from Washington to the regional offices.
The Times found that Scott Pruitt’s EPA started about 1,900 enforcement actions in the nine months
Illinois Court Finds that Landfill Post-Closure Monitoring Period not Limited to 15 Years by Statute
An Illinois appellate court recently ruled that the 15 year post-closure monitoring requirement for sanitary landfills under the Illinois Environmental Protection Act sets the minimum, not maximum, period, and that that the operator will be required to continue post-closure monitoring if the threat of future violations of the Act is present.
D&L Landfill, Inc., the
Environmental Enforcement Penalties Are Down Under the Trump Administration
Today, the Environmental Integrity Project released a report finding that in the first six months of the Trump administration, the federal government has collected 60% less in civil penalties in environmental enforcement actions than it did, on average, during the equivalent periods of the Clinton, George W. Bush and Obama presidencies. Between inauguration day and
Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se
A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D. Okla., No. 15-CV-523, brought a series of claims against a group of
North Carolina Adds New Protections for CAFOs Against Nuisance Lawsuits
By statute, North Carolina has capped the monetary awards available for nuisance claims related to agricultural or forestry operations. The law, H.B. 467, was designed to protect hog farms and other concentrated animal feeding operations (CAFOs) from substantial judgments in odor nuisance lawsuits. It limits compensatory damages to the reduction in the fair market
OMB Guidance Weakens President Trump’s Executive Order on Deregulation
The Office of Management and Budget (OMB) recently released a guidance document on the subject of President Trump’s January 30, 2017 executive order, EO 13771, titled “Reducing Regulation and Controlling Regulatory Cost.” That executive order garnered a great deal of attention with its bold but simplistic decree that “[u]nless prohibited by law, whenever
Industry Groups Sue to Block Hazardous Waste Generator Improvements Rule
Nine trade associations, including the American Chemistry Council, the American Petroleum Institute, and the American Forest & Paper Association, have filed a Petition for Review challenging the EPA’s Hazardous Waste Generator Improvements Rule. The rule was developed by the Obama Administration and was not finalized until after the election, on November 28, 2016. It is