Jennifer Tharp

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Perspectives on the Evolving Regulatory Landscape for US Food and Beverage

There are a number of product safety challenges and risks facing the food and drink industry in the US, including balancing innovative products with regulatory compliance. Here, we explore what these risks are, how companies can prepare, how the recall landscape is evolving and our predictions for the future. What Do You See as the … Continue Reading

Heavy Duty Regulatory Update: CARB & US EPA Proposed Rulemaking for NOx Heavy-Duty Offroad and Onroad Truck Standards

Our team at Squire Patton Boggs continues to track recent regulatory developments for the heavy-duty vehicle and engine sector. In our last blog post on this topic, we covered US EPA’s Cleaner Trucks Initiative, the California Air Resources Board’s (CARB’s) heavy-duty engine and vehicle omnibus regulation, and CARB’s Advanced Clean Trucks Regulation. US EPA Heavy-Duty … Continue Reading

Developments in Mobile Source Regulation: US EPA’s Updated Tampering Policy

The second half of 2020 sped by with all the fleetness of a supercharged truck. In case you missed it, Squire Patton Boggs has provided a recap of the Agency’s revised tampering policy as well as trends in the broader industry. Although we expect the new administration to lead to changes in approach to mobile … Continue Reading

Heavy Duty Engine Regulatory Update: US EPA Enforcement Discretion and CARB Proposed Rulemaking

We are continuing to follow regulatory developments proposed for the heavy-duty vehicle and engine sector.  In our most recent blog post on the topic, we covered updates on timing for the United States Environmental Protection Agency (US EPA) Cleaner Trucks Initiative and the California Air Resources Board’s (CARB) efforts related to Heavy-Duty Low NOx Omnibus … Continue Reading

Heavy-Duty Truck and Engine Regulation by US EPA and CARB: Agency Rulemaking in the COVID-19 Era

The US Environmental Protection Agency (US EPA) and the California Air Resources Board (CARB) are proceeding with development of proposed rules for on-road heavy-duty vehicle and engine regulation. As previously covered in our blog, US EPA and DOT already issued a final rule in early April rolling back greenhouse gas emission (GHG) standards in the … Continue Reading

US EPA-California Tensions Over GHG Standards Increase with Preemption Challenge

Disagreements between California and the US Environmental Protection Agency (US EPA) over greenhouse gas (GHG) standards for automobiles have been simmering since 2018, but tensions between the two sides have recently increased after California entered into a voluntary agreement on GHG standards with a group of major automakers, followed swiftly by US EPA’s withdrawal of California’s authority … Continue Reading

Mobile Sources Face an Increased Risk of Agency Enforcement and Citizen Suits

On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture, … Continue Reading

Proposed Affordable Clean Energy Rule: Navigating US EPA’s Clean Power Plan Replacement

On August 31, 2018, the US Environmental Protection Agency (US EPA) published its proposed rule providing a replacement to the Clean Power Plan (CPP).  The proposed rule, named the Affordable Clean Energy (ACE) rule, outlines revised emissions guidelines and the process for states to submit plans for the reduction of greenhouse gas (GHG) emissions from affected … Continue Reading

US Federal Energy Regulatory Commission Moves to Limit Downstream Analysis of Pipeline GHG Emissions

The US Federal Energy Regulatory Commission (FERC) issued a statement on May 18, 2018 clarifying that the Agency will only analyze both upstream and downstream environmental effects of pipeline Greenhouse Gas (GHG) emissions when those effects are “sufficiently causally connected to and are reasonably foreseeable effects of the proposed actions.”  The policy statement was part of … Continue Reading

Lawsuit Filed in Response to US EPA Rollback of Tailpipe Emission Standards

On May 1, 2018, 17 states, including California, as well as the District of Columbia filed a Petition for Review in the US Court of Appeals for the District of Columbia in response to US EPA’s announcement that it would be rolling back tailpipe emission standards. As we previously reported, California stated in April that it was … Continue Reading

The Future of the Clean Power Plan as US EPA’s Proposed Repeal Looms

On October 16, 2017, US EPA, under Administrator Scott Pruitt, proposed the repeal of the Clean Power Plan (CPP), and the Agency is accepting comments on the repeal until April 26, 2018. Following a review of the statute’s language, surrounding policy, and legislative history, US EPA proposed to “return to a reading of CAA section 111(a)(1) … as … Continue Reading
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