Tag Archives: policy

Amid Pushback, US EPA’s Reversal on “Once In Always In” Policy Opens Door to Reduced Clean Air Act Obligations

On January 25, 2018, Bill Wehrum, the new Assistant Administrator of US EPA’s Office of Air and Radiation, issued a memorandum to all Regional Air Division Directors rescinding US EPA’s historic “Once In Always In” (OIAI) policy for major sources under US EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) program. Under the “Once In Always In” (OIAI) … 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
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