Tag Archives: federal regulation

US Supreme Court Holds that Agencies Are Not Required to Comply With Notice and Comment Requirements When Revising Interpretative Rules

This month, in Perez v. Mortgage Bankers Association, the US Supreme Court overturned the D.C. Circuit’s Paralyzed Veteran doctrine, rejecting nearly 20 years of precedent requiring federal agencies to abide by notice-and-comment rulemaking procedures when they substantially alter an “interpretive” rule. However, the decision also hints that even broader changes may be afoot.  Writing in … Continue Reading

US EPA Releases Proposed 8-hr Ozone Standards

On November 25, 2014, US EPA released its long-awaited proposal to tighten the 8-hr ground-level ozone standard. The impacts of this rule are difficult to overstate. Unless changed, it will push much of the country into non-attainment, forcing state regulators to pursue emissions reductions while making permitting more difficult and restricting growth. A Smoggy Past: … Continue Reading

Preliminary Injunction Halts US EPA’s CWA 404 Process on Pebble Mine To Evaluate Activists’ Connections

On November 25, 2014, a federal judge granted a motion for preliminary injunction, and ordered US EPA to stop all work pertaining to its investigation of and proposed plan to restrict discharges from the prospective Pebble Mine project near Bristol Bay in Alaska.  The plaintiff, Pebble Partnership, contended that US EPA failed to comply with the requirements … Continue Reading

US EPA Updates List of TSCA “Work Plan” Chemicals for Risk Analysis

US EPA has updated its Toxic Substances Control Act (TSCA) Work Plan for Chemical Assessments, the Agency’s list of priority chemicals for analysis, adding 23 new chemicals to the list while removing or consolidating 16 others. US EPA’s Office of Chemical Safety & Pollution Prevention (OCSPP) produced the original list of Work Plan chemicals in … Continue Reading

Controversial “Waters of the US” Rule Proposal Draws Criticism as Public Comment Period Expires

The extended public comment period for the US EPA and Army Corp of Engineers’ proposed rule to redefine “waters of the United States” under the Clean Water Act (CWA) expired November 14, 2014.  The proposed rule has come under intense scrutiny for its apparent expansion of CWA jurisdiction.  US EPA received nearly 500,000 public comments … Continue Reading

Definition of “Waters of the US”: US EPA Science Advisory Board Calls For Less Exclusions, More Jurisdiction

On April 21, 2014, US EPA and the US Army Corps of Engineers issued a proposed rule to redefine “waters of the United States” under the Clean Water Act (CWA). As previously reported here, the proposed rule has come under intense scrutiny for its apparent expansion of CWA jurisdiction. Now, recent reports published by US EPA’s … Continue Reading

OSHA Announces New US Workplace Fatality and Injury Reporting and Recordkeeping Requirements

Under new reporting requirements announced on September 11, 2014 by the US Occupational Safety and Health Administration (OSHA), employers will be required to notify OSHA of any work-related fatalities within eight hours, and any work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. This is a move away from OSHA’s prior, less stringent … Continue Reading

US EPA Proposes Changes to Greenhouse Gas Reporting Rule for Oil and Gas Industry

On March 10, 2014, US EPA published proposed revisions to its Greenhouse Gas (GHG) reporting requirements for petroleum and natural gas sources under the GHG Reporting Program.  The Program, which was enacted in 2008, collects GHG data from facilities that conduct petroleum and natural gas systems activities, including production, processing, transmission, and distribution and produce … Continue Reading

USDOE Issues Pre-Publication Final Rule on Energy Standards for External Power Supplies

On February 3, 2014, the US Department of Energy (USDOE) issued a pre-publication version of its final rule on energy conservation standards for external power supplies (EPS). EPS converts household electric current into direct current or lower-voltage alternating current to operate a consumer product, such as a laptop computer or smart phone. There are hundreds … Continue Reading

US DOI Proposing Regulation of Fracking On Federal Lands: Is Such Regulation Coming to a Gas Well near You?

The Department of the Interior (DOI) has circulated proposed rules that would regulate hydraulic fracking on federally owned lands.  The proposed rules would impose requirements on companies extracting natural gas on such lands, including mandating disclosure of chemicals used in fracking operations. The DOI’s proposed rules would only cover fracking on federal lands, meaning that the majority … Continue Reading
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