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US EPA’s Renewable Fuel Standard Volumes for 2018 Unsatisfactory to Many

On November 30, 2017, US EPA issued the final volume requirements and associated percentage standards for its renewable fuel standards (RFS) program for calendar year 2018, as well as the biomass-based diesel volume requirement for 2019. The annual volumes establish quotas for how much renewable fuel must be added to gasoline and diesel in order to, … Continue Reading

Legal Challenges Ahead After President Trump Reduces Utah National Monuments

On December 4, 2017, President Trump issued two Presidential Proclamations reducing the size of Bears Ears and Grand Staircase-Escalante National Monuments by more than 800,000 acres and 1.1 million acres, respectively.  Bears Ears and Grand Staircase-Escalante National Monuments had been previously created by Presidents Obama and Clinton pursuant to the Antiquities Act of 1906.  The announcement by … Continue Reading

New US EPA Memorandum Suggests a Hand’s-Off Approach to NSR Applicability Determinations

On December 7, 2017, US EPA Administrator Scott Pruitt issued a memorandum to all Regional Administrators to offer guidance regarding the Agency’s interpretation of New Source Review (NSR) preconstruction permitting requirements in response to recent decisions from the Sixth Circuit in EPA v. DTE Energy Co.  Highlighting the lack of unanimity among the individual Sixth … Continue Reading

Update: DOE Approves an Extension for FERC’s Response to the Proposed Grid Resiliency Pricing Rule

The Federal Energy Regulatory Commission (FERC) now has until January 10, 2018 to act on the Grid Resiliency Pricing Rule proposal. As we previously reported, FERC had been facing a December 11, 2017 deadline set out in the Department of Energy (DOE) proposal, which calls for full recovery of costs for “fuel-secure” generating units in … Continue Reading

As Deadline Approaches, FERC Chairman Hints at Interim Solution to Keep Coal and Nuclear Plants Afloat

As the deadline imposed by the U.S. Department of Energy (DOE) approaches for the Federal Energy Regulatory Commission (FERC) to determine whether to exercise its regulatory authority over the electricity market in a manner designed to throw a life line to coal and nuclear power generators, the FERC commissioners have not hesitated to publicly make … Continue Reading

Deadline Approaching for Chemical Manufacturers and Importers to Submit Chemical Substance Notifications to US EPA Under the TSCA Inventory Reset Rule

The February 7, 2018 deadline is rapidly approaching for manufacturers and importers of chemical substances in the US to submit their notifications to US EPA as required by the Inventory Reset Rule issued by US EPA pursuant to the amended Toxic Substances Control Act (TSCA). The Inventory Reset Rule requires every chemical manufacturer and importer … Continue Reading

MSHA Officially Delays Effective Date of Workplace Examination Rule Until June 2018

The Mine Safety and Health Administration (MSHA) officially delayed the effective date of the controversial “Examinations of Working Places in Metal and Nonmetal Mines” final rule by a full eight months to June 2, 2018 and temporarily reinstated the previous versions of the workplace examination rules – deemed 30 C.F.R. § 56.18002T and 30 C.F.R. § 57.18002T –  that were in … Continue Reading

US EPA’s Superfund Task Force Recommendations May Expedite Cleanup and Reuse Process for Contaminated Sites

Shortly after being confirmed as the new US EPA Administrator, Scott Pruitt appointed a Superfund Task Force to review the approximately 1,300 Superfund sites in the United States and make recommendations on how to improve and restructure the cleanup process. Administrator Pruitt observed that “many of these sites have been listed as Superfund sites for decades, … Continue Reading

MSHA Workplace Examination Rule Delayed Once Again

On January 23, 2017, the Mine Safety and Health Administration (MSHA) published its long-awaited final rule regarding modified workplace examination requirements in non-coal mines.  The rule was originally scheduled to go into effect in May of this year, but implementation was delayed twice until October 2, 2017. Over the past several months, operators have been … Continue Reading

D.C. Circuit Holds US EPA Cannot Stay Implementation of Methane Rule Issued by Obama Administration

On July 3, 2017, the US Court of Appeals for the D.C. Circuit vacated US EPA’s decision to stay implementation of portions of a final rule concerning methane and other greenhouse gases.  In Clean Air Council v. Pruitt, a three-judge panel held that US EPA lacked authority under the Clean Air Act to stay the … Continue Reading

Warning: Only One Year Left Before New Prop 65 Regulations Become Operative On August 30, 2018

As of today’s date, businesses have just one more year to comply with the newly-amended Clear and Reasonable Warnings regulations from California’s Proposition 65 (“Prop 65”), which take effect on August 30, 2018.  Businesses should consider the Clear and Reasonable Warning compliance requirements and guidance outlined below now to be prepared for this deadline and minimize the risk of … Continue Reading

US EPA and Army Corps of Engineers Propose Re-Codification of Definition of “Waters of the United States” Pre-Existing Rules

On July 27, 2017, US EPA and the US Army Corps of Engineers published a Proposed Rule regarding the “Definition of ‘Waters of the United States; – Recodification of Pre-Existing Rules.” The Proposed Rule is a “first step in a comprehensive two-step process intended to review and revise” the definition of “waters of the United States” … Continue Reading

Deadlines Set for Submission of Chemical Substance Notifications to US EPA under the TSCA Inventory Reset Rule

US EPA’s rule to “reset” the Toxic Substances Control Act (TSCA) Inventory of chemical substances was formally published in the Federal Register on August 11, 2017. This means that the clock is now running on the 180-day deadline for chemical manufacturers and importers to submit to US EPA the chemical substance notifications required by the … Continue Reading

US EPA Issues Three Major Rules Affecting Chemicals Industry

On June 22, 2017, US EPA issued three major rules required by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), which amended the Toxic Substances Control Act (TSCA) in 2016.   The three TSCA rules addressed: (1) “resetting” the TSCA Inventory, (2) chemical substances prioritization, and (3) risk evaluations for chemical substances.  … Continue Reading

D.C. Circuit Strikes Down Portions of the RCRA Definition of Solid Waste Rule

On July 7, 2017, the D.C. Circuit Court of Appeals issued a decision striking down portions of US EPA’s Definition of Solid Waste (DSW) Rule, which defines when certain hazardous secondary materials (i.e. recyclable materials generated as the remainder of industrial processes) become “discarded” and thus subject to regulation as a solid waste.  The Rule, … Continue Reading

What Happened to US EPA’s New Source Performance Standards and Emission Guidelines for Municipal Solid Waste Landfills?

In 2016, US EPA finalized two rules designed to reduce methane and non-methane organic compound emissions from landfills.  These rules were adopted as part of President Obama’s Climate Action Plan: Strategy to Reduce Methane Emissions.  US EPA issued final New Source Performance Standards (NSPS) to reduce emissions caused by landfill gas from new, modified and reconstructed municipal solid waste (MSW) … Continue Reading

US Lawmakers Target the Endangered Species Act While Advocates Continue to Sue to Shape the Act’s Implementation

Since President Nixon signed into law the Endangered Species Act (ESA) in 1973, the ESA has directed the identification and protection of endangered and threatened species in the United States. While President Obama remarked that his Administration had “seen more victories under the Endangered Species Act than any previous administration,” the Obama Administration generally applied the ESA … Continue Reading

US Dam Infrastructure Earns a “D” in American Society of Civil Engineers Report Card

In 2017, the American Society of Civil Engineers (ASCE) completed its quadrennial infrastructure report card, giving American infrastructure a “D +” overall, and a slightly lower “D” for the “Dams” category. With 90,580 existing water impoundments in the US, there is need and opportunity to undertake a variety of activities at all levels of government and across … Continue Reading

Squire Patton Boggs Helps Secure a Victory for the State of Colorado at the US Supreme Court

On June 26, the US Supreme Court denied New Mexico’s petition seeking to institute an original action against Colorado for the 2015 Gold King Mine spill. An original action in the US Supreme Court is a lawsuit between states. Invoking that rarely used procedure, New Mexico sought to hold Colorado liable for the Gold King Mine spill.  … Continue Reading

Traditional SEPs and Mitigation Projects May Still Pass Muster under US DOJ’s New Settlement Policy

US Attorney General Jeff Sessions recently issued a new policy barring payments to non-governmental third parties as part of most civil and criminal settlements.  The memorandum does not detail how the US Department of Justice (DOJ) will implement the policy, leaving much to departmental interpretation.  The language is broad enough to have significant impacts on environmental settlements.  … Continue Reading

OSHA to Hold Stakeholder Meetings on Voluntary Protection Programs

The US Occupational Safety and Health Administration (OSHA) recently announced its plan to hold a stakeholder meeting in Washington, D.C. on July 17, 2017, “to discuss the future direction of the agency’s Voluntary Protection Programs (VPP),” the agency’s initiative to prevent workplace injuries and illnesses through cooperation, collaboration, and targeted hazard prevention and control.  A second stakeholder … Continue Reading

US EPA Approves Ohio’s Lake Erie Impairment Decision After Lawsuits Filed

US EPA recently approved Ohio’s 2016 list of impaired waters not meeting water quality goals which did not list the open waters of the Western Basin of Lake Erie as impaired. A coalition of environmental and conservation groups had recently filed lawsuits to force US EPA action on Ohio’s proposed listing in both the D.C. … Continue Reading

US Congress Creates New Subcommittee to Focus on Challenges and Opportunities for Local Governments

Local governments have a new forum on Capitol Hill focusing on the many challenges and opportunities they face: the Intergovernmental Affairs Subcommittee in the US House of Representatives. The new Subcommittee was created in January at the start of the new Congress and is led by Chairman Gary J. Palmer (AL-6) and Ranking Member Val … Continue Reading
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