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Environmental Justice Coming into Focus Under Biden’s USEPA

by Amanda Reeve and Lucas J. Narducci In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 stimulus package, to Environmental Justice (“EJ”) initiatives. The USEPA’s goal is to quickly dispense these […]

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AR
Environmental & Regulatory Policy Advisor

Environmental Justice: A Focus in Air Toxics Data Reporting

by Lucas J. Narducci & Amanda A. Reeve We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice.  Rather than a major new program or enforcement initiative, the recent declaration from USEPA in this area provides clarity and […]

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AR
Environmental & Regulatory Policy Advisor

EPA Issues Interim PFAS Guidance

by Patrick J. Paul On December 18, 2020, EPA issued interim guidance (available here and here) designed to protect the public from exposure to emerging chemicals of concern.  More particularly, that interim guidance outlines the current state of science on techniques and treatments that can be employed to destroy and dispose of certain PFAS and PFAS-containing […]

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The Rush is On for Jurisdictional Determinations

by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. As the lawsuits challenging the current rule begin to move forward, and the current administration […]

MK

EPA Announces New Office of Mountains, Deserts, and Plains

by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new office will have jurisdiction over mining and environmental issues unique to those states west of […]

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States Challenge EPA’s COVID-19 Enforcement Policy

by Patrick Paul, Chris Colyer, Michael Ford In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19.  In a nutshell, these policies essentially clarified the enforcement priorities of the U.S. Environmental Protection Agency (EPA) and certain other state agencies like the Arizona Department […]

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EPA Announces COVID-19 Interim Field Work Guidance

By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response actions related to cleanup and emergency response sites where EPA is the lead agency […]

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ADEQ Issues COVID-19 Memo of Compliance & Enforcement

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 […]

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EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

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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EPA Issues Guidance Concerning Coronavirus and Drinking Water

by L. William Staudenmaier The United Environmental Protection Agency (EPA) has issued guidance (https://www.epa.gov/coronavirus/coronavirus-and-drinking-water-and-wastewater#tapwater) regarding the status of public drinking water systems in light of the ongoing spread of the COVID-19 coronavirus across the country.  In the guidance document, EPA states that “[b]ased on current evidence, the risk to water supplies is low.  Americans can […]

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