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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by Patrick J. Paul and Chris Colyer As previously reported in this blog, on December 4, 2019 EPA published an advance notice of proposed rulemaking (ANPR) seeking information on whether to include certain per- and polyfluoroalkyl substances (PFAS) on the list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and […]
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By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized to make products such as nonstick cookware, grease-resistant food packaging, stain repellents, and firefighting foams. […]
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by Mitchell J. Klein Reported to be at the direction of the Department of Justice, the EPA is now requiring that anyone willing to enter into an Administrative Order of Consent must first agree to surrender all claims against the United States and any Federal Agency for the work to be performed. While it has […]
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by Andrew Hawes In 2014, what did Idaho, New Mexico, New Hampshire and Massachusetts have in common? Answer: the only states in the Union where pollutant discharge in waterways was overseen by the federal government (the U.S. Environmental Protection Agency), rather than the state. At the time, pollutant discharge permitting was administered though the National […]
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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 Christopher P. Colyer On Tuesday, the United States Environmental Protection Agency (EPA) published an internal memo outlining new agency efforts to improve the consistency and transparency of cost-benefit analyses performed in conjunction with agency rulemakings. EPA Administrator Andrew Wheeler’s memo directs the agency’s offices of Air and Radiation, Chemical Safety and Pollution Prevention, Land […]
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by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements have been halted or delayed by state, local and tribal governments in California, Washington and […]
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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 Raymond S. Heyman On Monday, March 11, 2019, the Office of Management and Budget issued President Trump’s budget proposal for fiscal year 2020, “A Budget for a Better America”, (the “Budget Proposal”) in the amount of $4.7 trillion. As in years past, the Budget Proposal will be scrutinized for what it includes (and increases) […]
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