Brent Fewell

May 20, 2018

EPA Proposes Changes to Risk Management Program . . .

Final Amendments to the Risk Management Program (RMP) Rule   Update On May 17, 2018, EPA’s Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management Program (RMP) Reconsideration Rule. On June 9, 2017, the EPA […]
May 7, 2018

EPA announces new audit policy (and self-reporting) to addresss significant noncompliance in oil and gas industry . . .

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas New Owner Audit Program The EPA is in the process of developing a New […]
April 25, 2018

Enviros threaten to sue City of Newark and State for lead contaminated drinking water . . .

Environmental groups plan to sue Newark over elevated levels of lead in water By HEATHER KAYS April 24, 2018 at 6:40 PM Newark, NJ–The Newark Education Workers Caucus (NEW Caucus) and the Natural Resources Defense Council (NRDC) announced plans to sue the city of Newark for elevated levels of lead in the water on Tuesday. […]
April 18, 2018

Water Contamination Riskier for Companies in Wake of Rulings . . .

April 13, 2018 Water Contamination Riskier for Companies in Wake of Rulings From Environment & Energy Report Turn to the nation’s most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental… By Amena H. Saiyid Contaminating waterways with gasoline, chemicals, or sewage […]
April 15, 2018

Feds file major action against NY town for drinking water violations, signaling shift in enforcement priorities.

In what is a clear shift in DOJ/EPA policy involving large enforcement cases under the nation’s Clean Water Act, the Trump Administration has turned its focus to the Safe Drinking Water Act and the risks to public health associated with health-based violations.  Historically, the federal government has focused largely on enforcing against cities discharging raw […]
April 15, 2018

West Virginia airport operator charged with environmental crimes 

Executive Air Terminal, Inc., has pleaded guilty to illegal storage of hazardous waste and will be sentenced in early May.   According to reports, Executive Air is accused of breaking the Resource Conservation and Recovery Act, which makes it a crime for someone to store or dispose of hazardous waste without a permit. Under the act, […]
April 13, 2018

4th Circuit Court Expands CWA “Conduit Theory” Liability

In a victory for environmentalists, the 4th Circuit Court of Appeals handed Kinder Morgan a major defeat this week that has much wider implications for regulated entities under the evolving “conduit theory” of liability under the Clean Water Act.  4th Circuit Kinder Decision At issue in this case was whether an indirect discharge of a pollutant […]
April 9, 2018

Trump Announces New “One Federal Decision” Approach to Streamline Federal Approvals

Today, the White House announced a new approach to streamlining and making the approval process for federal permits and approvals more efficient.  Although the memorandum of understanding (MOU) between the various agencies is still being finalized, the following summarizes the key elements of this new process. No longer will we allow the infrastructure of our […]
April 3, 2018

EPA Tries New Informal Enforcement Approach

*** EPA’s chief of enforcement, Susan Bodine, has set her sights on a new approach to improve compliance, “informal enforcement”, bringing to bear Scott Pruitt’s priorities of cooperative federalism and “back to basics”.   The approach is being criticized by some as more roll-backs, others are hailing the measure as a better way to improve compliance, […]
March 24, 2018

DOJ Issues Environmental Enforcement Priorities

DOJ’s Environment and Natural Resources Division released its enforcement principles and priorities under Attorney General Sessions which align with much of Administrator Pruitt’s “Back to Basics” approach.  DOJ will continue to pursue civil and criminal prosecutions where the leading objective is to protect the public health and maintain the integrity of environmental programs. Cases in this category arise […]