by Michael C. Ford The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the emergence of a new and potentially viral threat: citizen suit enforcement. The first quarter of 2020 saw EPA finalize […]
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by Patrick J. Paul, Chris Colyer, and Michael C. Ford On March 31, 2020, the Arizona Department of Environmental Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March 26, 2020 United States Environmental Protection Agency (EPA) Memorandum entitled COVID-19 Implications for EPA’s Enforcement […]
By Michael C. Ford EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where EPA agrees that COVID-19 was […]
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by Michael C. Ford OSHA has responded to the COVID-19 outbreak with a dedicated webpage that includes guidance for employers. While emphasizing that the current risk for most types of workers remains low, the guidance covers preparing workplaces for COVID-19, preventing worker exposure, as well the OSHA standards that may apply. While no standard specifically […]
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by Michael C. Ford, Lucas J. Narducci and Patrick J. Paul There is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the outright inane: This bulldozing of clean water protections would be […]
by Patrick J. Paul and Michael C. Ford The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical substances in total and are found most commonly in household products like nonstick […]
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by James P. Allen and Michael C. Ford The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife Service, et al. (4:17-cv-00475-JAS). In a nutshell, the Court ruled […]
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by Michael C. Ford A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the D.C. Circuit’s recent decision in Idaho Conservation League v. Wheeler (No. 18-1141). EPA […]
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by Michael C. Ford Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump administration. EPA, in conjunction with U.S. Customs and Border Protection is continuing its vigorous inspection and enforcement program, including at southern […]
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by Michael C. Ford and Mitchell J. Klein If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and industrial products, only to have potential adverse environmental and […]
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