The U.S. Supreme Court on Monday stated that it would review a case filed by property owners in Montana state court seeking restoration damages that were beyond the clean-up activities required by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In the case, Atlantic Richfield Co. v.
General Environmental
EPA Determines That Additional Federal Regulation of Fracking Waste Not Necessary – Leaving it to the States
The U.S. Environmental Protection Agency (EPA) released a decision last week stating that revisions to the federal regulations for the management of wastes from the exploration, development, and production of crude oil, natural gas, and geothermal energy (i.e. oil and gas wastes from hydraulic fracturing and directional drilling) are not necessary at this time. EPA…
EPA Takes Important Step Under PFAS Action Plan
The U.S. Environmental Protection Agency (“EPA”) released a much-anticipated draft document to address groundwater contaminated with PFOA and/or PFOS.
According to EPA, the guidance is based on EPA’s current understanding of PFAS toxicity and is intended to provide clear and consistent guidance for cleanup programs. Specifically, the guidance provides interim recommendations for addressing groundwater contaminated…
EPA Issues New Interpretation Excluding Pollutants Traveling through Groundwater from the Clean Water Act’s Permitting Requirements
On April 15, 2019, U.S. Environmental Protection Agency (“EPA”) issued a new interpretation of the Clean Water Act (“CWA”), stating that the CWA does not require permits for groundwater pollution. The CWA regulates pollution to surface water and requires permits for point-source discharges. However, the question as to whether a discharge of pollutants into groundwater…
U.S. EPA Announces Plan to Regulate PFAS Chemicals
On Thursday, the Trump Administration announced that it will issue a draft regulation by the end of the year placing a limit on two chemicals frequently found in drinking water. The steps to eventually regulate two types of per- and polyfluoroalkyl substances (“PFAS”) known as PFOA and PFOS were announced by U.S. EPA head Andrew…
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 Updates Its Contingency Plan to Increase Number of Employees Required To Work During Government Shutdown
The longest federal government shutdown in U.S. history continues to affect around 800,000 federal workers and major agencies, including the United States Environmental Protection Agency (“EPA”). Despite the shutdown, however, many EPA employees are being called into work without pay.
On January 14, 2019, EPA updated its contingency plan for shut down to increase the…
Time to Start Planning: Chicago Ozone Nonattainment Area Bump-Up is Coming in Early 2019
The Chicago-Naperville, IL-IN-WI ozone nonattainment area failed to attain the 2008 ozone NAAQS by the attainment date of July 20, 2018. The area, which is currently classified as “Moderate” for the 2008 ozone NAAQS, will automatically be bumped-up to a “Serious” classification upon the effective date of the final reclassification notice. The Chicago area joins…
Receiving Facilities Will Be Responsible For Payment of User Fees Under the E-Manifest User Fee Final Rule
Continuing on our discussion of the electronic manifest (e-Manifest) system, EPA Administrator, Scott Pruitt, signed the e-Manifest User Fee Final Rule on December 20, 2017. EPA expects the final rule to be published in the Federal Register in the coming weeks. The pre-publication version of the final rule is attached here.
Under the final…
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…