The Department of Justice (DOJ) issued a memorandum, dated March 12, 2020, ending a long-standing practice of allowing companies to reduce civil penalties by performing Supplemental Environmental Projects (SEPs). DOJ states in the memo that SEPs violate the Miscellaneous Receipts Act (MRA), 31 U.S.C. § 3302, which requires funds received on behalf of the
USEPA
The Chicago Ozone Nonattainment Area Status Has Become a Moving Target
By Ann Zwick on
Posted in General Environmental
The ink is barely dry on the reclassification of the Chicago ozone nonattainment area from moderate to serious, under the 2008 ozone National Ambient Air Quality Standards (NAAQS), and the Illinois Environmental Protection Agency (IEPA) intends to seek redesignation to attainment. According to IEPA staff, the agency has data supporting a request for redesignation to…
U.S. Supreme Court to Review Whether CERCLA Pre-empts Common Law Claims for Restoration
By Ann Zwick on
Posted in General Environmental, Uncategorized
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.
Time to Start Planning: Chicago Ozone Nonattainment Area Bump-Up is Coming in Early 2019
By Ann Zwick on
Posted in General Environmental
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…
USEPA and Army Corps Propose Rule to Rollback the Waters of the United States (WOTUS) Rule
By Ann Zwick on
Posted in General Environmental, Uncategorized
Yesterday, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers proposed a rule to rescind the 2015 Clean Water Rule and recodify the definition of “waters of the United States,” known as WOTUS, that existed before 2015. EPA and the Corps intend to re-evaluate and revise the WOTUS definition consistent with the…
Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the Work-Product Doctrine Rules a Federal District Court in Indiana
By Ann Zwick on
Posted in General Environmental
A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 1:14-cv-00006-RLM-SLC, 2017 WL 1361308 (N.D. Ind. April 14, 2017), the Court held that the communications were not protected by…